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BANKERS TRUST CO. v. TRANSAMERICA TITLE INS. CO.

No. 77-1386.

594 F.2d 231 (1979)

BANKERS TRUST COMPANY, Plaintiff-Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 8, 1979.

Attorney(s) appearing for the Case

James J. Morrato (Roger L. Keithley, Denver, Colo., on brief) of Morrato, Gueck & Colantuno, Denver, Colo., for plaintiff-appellant.

Peter C. Dietze (Joel C. Davis, Boulder, Colo., on brief) of Dietze and Davis, Boulder, Colo., for defendant-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Bankers Trust Company (Bankers) appeals from an order granting a Summary Judgment to Transamerica Title Insurance Company (Transamerica) in a breach of contract action brought by Bankers. Jurisdiction vests by reason of diversity.

Bankers agreed to loan funds to Breaks Land Corporation (Borrower) in amount of $2,750,000.00 toward the construction of an apartment complex in Colorado Springs, Colorado. Inasmuch as the estimated total...

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