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HYLAND HILLS. ETC. v. McCOY ENTERPRISES, INC.

No. 75-585.

554 P.2d 708 (1976)

HYLAND HILLS METROPOLITAN PARK AND RECREATIONAL DISTRICT, a Quasi-Municipal Corporation, Plaintiff-Appellee, v. McCOY ENTERPRISES, INC., a Colorado Corporation, Defendant, The Central Bank and Trust Company, a Colorado Banking Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 17, 1976.

Certiorari Denied September 13, 1976.

Attorney(s) appearing for the Case

William Pehr, Westminster, for plaintiff-appellee.

Paul V. Rupp, Denver, for defendant-appellant.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

The plaintiff District sought recovery of $8000 from McCoy Enterprises, Inc., and The Central Bank and Trust Company for breach of contract. McCoy confessed judgment. The Bank appeals from judgment entered against it in the amount prayed for in the complaint. We reverse.

The facts are undisputed. The District granted a sewer easement to McCoy, in consideration for which McCoy agreed to build...

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