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MIDTOWN NATIONAL BANK v. OWENS

No. 70-591.

497 P.2d 344 (1972)

MIDTOWN NATIONAL BANK, a National Banking Association, Plaintiff-Appellant, v. Donald Wayne OWENS et al., Defendants, Rainbo Bakers, Inc., a Delaware corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

May 16, 1972.

Attorney(s) appearing for the Case

Kettlekamp & Vento Pueblo, for plaintiff-appellant.

Petersen, Evensen, Mattoon & Tracey, William F. Mattoon, Pueblo, for defendants, Donald Wayne Owens, Eleanor M. Owens, Don Owens, General Contractor, Inc. and Philip Kalish.

Hodges, Harrington, Kerwin & Otten, Arthur E. Otten, Jr., Richard W. Breithaupt, Denver, for defendant-appellee, Rainbo Bakers, Inc.

Not Selected for Official Publication.

ENOCH, Judge.

Two separate appeals (No. 70-591 and No. 70-604, 497 P.2d 346) were filed in this court, both of which originated from the same judgment of the trial court. These appeals were consolidated by this court for purposes of briefs and oral arguments. However, since the issues are not related and there is some difference in parties, we have found it to be more expedient to determine...

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