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CHARLES W. & RUBY W. NORTON, INC. v. LEADVILLE CORP.

No. 76-1878.

570 F.2d 911 (1978)

CHARLES W. AND RUBY W. NORTON, INC., an Iowa Corporation, Plaintiff-Appellee, v. LEADVILLE CORPORATION, a Colorado Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 16, 1978.

Attorney(s) appearing for the Case

L. Don Wyman, Denver, Colo., for plaintiff-appellee.

Gary Margolin, Boulder, Colo., for defendant-appellant.

Before SETH, Chief Judge, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this action on a series of promissory notes, the questions presented on this appeal are whether the so-called subordination clause in the several notes which acknowledge the superiority in rank of an indebtedness to the First National Bank of Colorado or any other bank or trust company; or a similar clause in other of the notes which specifically subordinate the indebtedness of the plaintiff to the indebtedness owed by defendant...

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