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WELD COLORADO BANK v. E & E CONST., INC.

No. 82CA0234.

653 P.2d 758 (1982)

WELD COLORADO BANK, a State Banking corporation, Plaintiff-Appellant, v. E & E CONSTRUCTION, INC., a Colorado corporation, and Gary L. Etherton and Linda K. Etherton, Defendants-Appellees, and Concerning Burnett E. Etherton, a/k/a Bud Etherton, a/k/a B.E. Etherton, Claimant-Appellee.

Colorado Court of Appeals, Div. I.

October 14, 1982.

Attorney(s) appearing for the Case

Charles A. Kuechenmeister, Greeley, for plaintiff-appellant.

William L. Crosier, Greeley, for claimant-appellee.

No appearance for defendants-appellees.

COYTE, Judge.

Plaintiff, Weld Colorado Bank, appeals from a judgment of the trial court dismissing its garnishment of escrow funds held by the United Bank of Greeley. We affirm.

On October 18, 1978, plaintiff obtained a security interest in the accounts receivable of defendant, E & E Construction, Inc., (E & E) and filed a financing statement in the office of the Secretary of State. The plaintiff then advanced funds to E & E which executed a promissory...

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