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FIRST NAT. BANK OF ENGLEWOOD v. ILIFF BLDRS. SUP. CO.

No. 72-011.

531 P.2d 407 (1974)

The FIRST NATIONAL BANK OF ENGLEWOOD, an association organized and existing under the National Bank Act, Assignee of Englewood Heating & Air Conditioning Company, a Colorado Corporation, Plaintiff, v. ILIFF BUILDERS SUPPLY COMPANY, a Colorado corporation, Defendant-Appellant, and Lippert Bros. Construction Company, a Colorado Corporation, et al., Defendants-Appellees, and Van Schaack and Company et al., Defendants, and Grinnell Company, Intervening Defendant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 31, 1974.

Certiorari Denied February 18, 1975.

Attorney(s) appearing for the Case

Hoffman, Goldstein, Armour & Lonnquist, P.C., Abe L. Hoffman, Denver, for defendant-appellant.

Yegge, Hall & Evans, Edward H. Widmann, Denver, for defendant-appellee Lippert Bros. Construction Co.

Gorsuch, Kirgis, Campbell, Walker & Grover, John J. Mullins, Jr., Denver, for defendant-appellee Dallas W. Tourney.

Weller, Friedrich, Hickisch & Hazlitt, John R. Hickisch, Denver, for defendant-appellee United States Fidelity and Guaranty Co.

Looney, Watts, Looney, Nichols & Johnson, Clyde J. Watts, Oklahoma City, for defendant-appellee United Pacific Ins. Co.

Not Selected for Official Publication.

ENOCH, Judge.

This action concerns the rights of the respective parties derived from a contract to construct the eleven story Cypress Towers apartment building in Denver. The litigation was commenced when the First National Bank of Englewood, who was the assignee of Englewood Heating and Air Conditioning Company's (Englewood) mechanic's lien as mechanical subcontractor, sued the owner, Iliff Builders Supply Co.

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