MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This action arises out of condemnation proceedings between the State of Colorado and third-party defendant Best pursuant to the state's power of eminent domain. Plaintiff, Marvin W. Shaver was the lessee in a lease dated October 31, 1977 of the property located at 2055-75 South Santa Fe Drive, Denver, Colorado. Plaintiffs' complaint contains four claims for relief: wrongful taking of the leasehold estate...
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