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SECURITY STATE BANK OF STERLING v. WEINGARDT

Nos. 77-1115, 78-300.

597 P.2d 1045 (1979)

The SECURITY STATE BANK OF STERLING, Sterling, Colorado, a Colorado corporation, Plaintiff-Appellee, v. Ronald G. WEINGARDT, d/b/a Rondos Department Store, Martin J. Weingardt, and Dona R. Weingardt, Defendants, v. George E. CLAYTON, Garnishee-Appellant. C & W Developers, Intervenor-Appellant.

Colorado Court of Appeals, Div. II.

As Modified On Denial of Rehearing March 29, 1979.

Certiorari Denied July 23, 1979.

Attorney(s) appearing for the Case

Roger L. Nixt, Sterling, for plaintiff-appellee.

John M. Franks, Denver, for garnishee-appellant and intervenor-appellant.

ENOCH, Judge.

Garnishee, George E. Clayton, appeals from a judgment entered by the trial court denying his motion to intervene and his motion to set aside a default. We affirm.

Clayton was a joint venturer with defendant Martin Weingardt in a business known as C & W Developers. Martin Weingardt, as surety for his son, defendant Ronald Weingardt, had judgment of $111,366.62 entered against him on promissory notes payable to plaintiff, the Security State...

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