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LINCOLN FIRST BANK v. DISTRICT COURT, ETC.

No. 80SA346.

628 P.2d 615 (1981)

LINCOLN FIRST BANK, N. A., Successor in Interest to the National Bank of Westchester, a Division of Lincoln First National Bank, a foreign corporation, Petitioner, v. DISTRICT COURT In and For the CITY AND COUNTY OF DENVER and State of Colorado, and the Honorable Gilbert A. Alexander, one of the Judges thereof, Respondents.

Supreme Court of Colorado.

Rehearing Denied June 8, 1981.

Attorney(s) appearing for the Case

West & Weaver, P. C., John W. Weaver, Denver, for petitioner.

James E. Rowe, Jr., Denver, for respondents.

ROVIRA, Justice.

We issued a rule pursuant to C.A.R. 21 to determine whether the district court was proceeding without or in excess of its jurisdiction by its refusal to order the dismissal of the petitioner, Lincoln First Bank (Lincoln), as a defendant to a third-party complaint filed by George Merchant, the third-party plaintiff. Lincoln alleged in its petition that the district court had failed to give effect to the mandatory and exclusive venue provision of the...

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