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GLENN JUSTICE MORTG. CO. v. FIRST NAT. BANK

Nos. 77-1030 to 1032.

592 F.2d 567 (1979)

GLENN JUSTICE MORTGAGE COMPANY, INC., a Texas Corporation, Plaintiff-Appellant in No. 77-1032, v. FIRST NATIONAL BANK OF FORT COLLINS, a National Banking Association, Defendant-Appellant and Cross-Appellee in Nos. 77-1030, -1031, and Appellee in No. 77-1032, Sanford B. Hertz, as Receiver, and Horsetooth Associates, Ltd., a Limited Partnership, Defendants-Appellees and Cross-Appellants in Nos. 77-1030, -1031, and Appellees in No. 77-1032. FIRST NATIONAL BANK OF FORT COLLINS, Third-Party Plaintiff-Appellant and Cross-Appellee in Nos. 77-1030, -1031, and Appellee in No. 77-1032, v. HUSKIN & COMPANY, a Colorado Corporation, Third-Party Defendant-Appellee and Cross-Appellant in Nos. 77-1030, -1031, and Appellee in No. 77-1032, J. David Huskin, Third-Party Defendant.

United States Court of Appeals, Tenth Circuit.

Decided February 5, 1979.

Attorney(s) appearing for the Case

Charles R. Huddleson, of Fischer, Brown, Huddleson & Gunn, Fort Collins, Colo., for First National Bank of Fort Collins.

Patrick Owen, Denver, Colo. (with Fenton A. Bain, Denver, Colo., on the brief), of Law, Nagel & Clark, Denver, Colo., for Glenn Justice Mortg. Co., Inc.

Sanford B. Hertz, Denver, Colo., receiver for Horsetooth Associates, Ltd.

Before HOLLOWAY and McKAY, Circuit Judges, and STANLEY, District Judge.

McKAY, Circuit Judge.

This is a consolidated diversity case in which three parties allege entitlement to funds deposited by a now-defunct limited partnership. Each party finds fault with the result reached by the district court. We do not.

I.

The facts are essentially undisputed. Horsetooth Associates, Ltd. (Horsetooth), a Colorado limited partnership, sought to construct a mobile home park near Fort Collins. Financing was obtained from the First...

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