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EL PASO COUNTY BANK v. CHARLES R. MILISEN & CO.

No. 80CA0068.

622 P.2d 594 (1980)

EL PASO COUNTY BANK, a Colorado State Banking Association, Plaintiff-Appellant, v. CHARLES R. MILISEN & COMPANY, INC., and Monument Concrete Company, Inc., a Colorado Corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 2, 1980.

Certiorari Denied January 26, 1981.

Attorney(s) appearing for the Case

Cross, Gaddis, Kin & Quicksall, James W. Kin, Colorado Springs, for plaintiff-appellant.

Nuss & Braden, Ralph A. Braden, Jr., Colorado Springs, for defendant-appellee Charles R. Milisen & Co.

Berniger, Berg & Sterling, Michael Berniger, Colorado Springs, for defendant-appellee Monument Concrete Co., Inc.

KIRSHBAUM, Judge.

Plaintiff, El Paso County Bank, appeals from the judgment of the trial court granting a motion for summary judgment filed by defendant Charles R. Milisen & Company, Inc., and denying plaintiff's motion for summary judgment. We reverse.

The material facts are undisputed. On April 12, 1978, Monument Concrete Company, Inc., executed a promissory note in favor of the bank for a sum which at all times pertinent hereto was in excess of $45...

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