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HILL v. BANK OF COLORADO

No. 79-1838.

648 F.2d 1282 (1981)

Jerry David HILL, Lois Mary Hill, Bankrupts, F. Stannard Lentz, Trustee, Plaintiff-Appellant, v. BANK OF COLORADO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 11, 1981.

Attorney(s) appearing for the Case

F. Stannard Lentz, Hamill, Lentz, Neill & Dwyer, Shawnee Mission, Kan., for plaintiff-appellant.

Philip M. Kleinsmith, Kleinsmith, Johnson & Pedersen, P.C., Colorado Springs, Colo., for defendant-appellee.

Before SETH, Chief Judge, and WILLIAM E. DOYLE, Circuit Judge and THOMPSON, District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from the final judgment of the United States District Court for the District of Kansas, which denied the plaintiffs-appellants' request that the court declare that the Bank of Colorado is a general creditor of the bankrupt estate, rather than a secured creditor. Involved herein is an interpretation of C.R.S. 4-9-501(1) and (5), 1973. These are sections of the Colorado U.C.C..

The effort of the trustee in bankruptcy...

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