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MIDTOWN NATIONAL BANK v. OWENS

No. 70-604.

497 P.2d 346 (1972)

MIDTOWN NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. Donald Wayne OWENS, Defendant-Appellant, Eleanor M. Owens et al., Defendants.

Colorado Court of Appeals, Div. II.

May 16, 1972.

Attorney(s) appearing for the Case

Kettelkamp & Vento, Pueblo, for plaintiff-appellee.

Petersen, Evensen, Mattoon & Tracey, William F. Mattoon, Pueblo, for defendant-appellant, Donald Wayne Owens, and defendants, 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, Rainbo Bakers, Inc.

Not Selected for Official Publication.

ENOCH, Judge.

Two separate appeals (No. 70-591, 497 P.2d 344 and No. 70-604) 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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