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DIRECT MAIL SERVICES, INC. v. BEST

No. 83-1379.

729 F.2d 672 (1984)

DIRECT MAIL SERVICES, INC., a Colorado corporation, and Marvin W. Shaver, a/k/a Wally Shaver, Plaintiffs-Appellants, The State of Colorado, The Colorado Department of Highways; Jack Kinstlinger, the Executive Director of the Department of Highways; E.N. Haase, Chief Engineer of the Department of Highways; Richard J. Brasher, District Engineer for the Department of Highways; Ralph Wyatt, Senior Right of Way Agent for the Department of Highways; and Kenneth W. Acker, Staff Rights of Way Manager for the Department of Highways, Defendants-Appellees, v. Keith E. BEST, Third-Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 8, 1984.

Attorney(s) appearing for the Case

William W. Talbott, Talbott & Alsop, L.C., Webster Springs, W.Va. (Jeffrey R. Edelman, Edelman, Koransky, McCullough & Segall, P.C., Denver, Colo., with him on the briefs), for plaintiffs-appellants.

Jeffery B. Stalder, Hall & Evans, Denver, Colo., for defendants-appellees.

Harold D. Torgan, Torgan & Associates, Denver, Colo., for third-party defendant-appellee.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Direct Mail Services, Inc., a Colorado corporation and Marvin W. Shaver, owner of the corporation, sued the United States, the State of Colorado, and certain of their representatives seeking damages arising out of the condemnation of property on which they had a lease.1

One Keith E. Best was the lessor and former owner, who leased the property to Shaver, pursuant to a written lease agreement dated...

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