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LAYNE v. FORT CARSON NAT. BANK

No. 81CA0671.

655 P.2d 856 (1982)

Walter C. LAYNE, d/b/a One Stop Cleaners, Plaintiff-Appellant, v. FORT CARSON NATIONAL BANK, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

November 12, 1982.

Attorney(s) appearing for the Case

David D. Belina, Colorado Springs, for plaintiff-appellant.

Spurgeon, Haney & Howbert, P.C., Terence P. Fagan, Colorado Springs, for defendant-appellee.

VAN CISE, Judge.

In this action for declaratory judgment and for money damages, plaintiff, Walter C. Layne, appeals a summary judgment entered in favor of defendant, Fort Carson National Bank. We affirm.

For purposes of the summary judgment motion, the facts set forth below are undisputed. In November 1980, Layne owed the bank approximately $18,000 on a 1977 promissory note bearing 10.5 percent interest and secured by equipment in his cleaning

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