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FIRST NAT. BANK IN FT. COLLINS v. SAM McCLURE & SON, INC.

No. 21771.

431 P.2d 460 (1967)

The FIRST NATIONAL BANK IN FORT COLLINS, a national banking association, Plaintiff in Error, v. SAM McCLURE & SON, INC., a Colorado corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

September 11, 1967.

Attorney(s) appearing for the Case

Dawson, Nagel, Sherman & Howard, Denver, Fischer, Fischer & Beatty, Fort Collins, John W. Low, Denver, for plaintiff in error.

Kenneth T. Colwell, Greeley, for defendant in error.

PRINGLE, Justice.

This is a writ of error brought by The First National Bank in Fort Collins, from a judgment of the District Court of Weld County foreclosing a mechanics' lien in favor of Sam McClure & Son, Inc. on farm property owned by Victor L. Denny. The parties will hereafter be referred to as the bank, McClure and Denny.

The action was brought in the court below to enforce a mechanics' lien claimed by Everitt Lumber Co., Inc., naming as defendants...

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