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FIRST NAT. BANK IN LAMAR v. COLLINS

No. 79CA0711.

616 P.2d 154 (1980)

FIRST NATIONAL BANK IN LAMAR, Plaintiff, v. Tom COLLINS aka Thomas H. Collins, formerly d/b/a Western Auto Associates and/or Western Auto Associate Store and/or Southeast Yamaha, now d/b/a Prowers Hardware and Sporting Goods, Defendants-Appellants, v. WESTERN AUTO SUPPLY COMPANY, Defendant-Appellee, v. YAMAHA INTERNATIONAL CORPORATION; Malleable Iron Range Company; the Mohawk Rubber Company; Berns Wholesale Sporting Goods Co., Inc.; Yamaha Parts Distributors, Inc.; SCD, Inc. Wholesale Distributors; Geneva Mosher as the Public Trustee of Prowers County, Colorado; State of Colorado; and United States of America; Beverly J. Collins, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 15, 1980.

Certiorari Denied August 11, 1980.

Attorney(s) appearing for the Case

Andersen & Gehlhausen, P. C., John Gehlhausen, and Carl M. Shinn, Lamar, for defendants-appellants.

Ireland, Stapleton & Pryor, P. C., James C. Ruh, Gregory A. Loken, Denver, for defendant-appellee.

COYTE, Judge.

Defendant, Tom Collins, appeals from the trial court judgment dismissing four of the claims for relief contained in his cross claim against defendant Western Auto Supply Company (Western Auto). We affirm in part and reverse in part.

The case as originally filed named both parties as defendants and concerned foreclosure on a deed of trust of which Collins was the grantor. Collins executed the deed of trust to finance the operation of a Western...

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