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HEINRICHSDORFF v. RAAT

No. 81CA1250.

655 P.2d 860 (1982)

Gernot HEINRICHSDORFF, Plaintiff-Appellant, v. Terry RAAT, Individually and doing business as Garden Construction and Landscape Company, Defendant, and The First National Bank of Colorado Springs, a National Banking Association, Defendant-Intervenor-Appellee.

Colorado Court of Appeals, Div. III.

November 18, 1982.

Attorney(s) appearing for the Case

Robert W. Johnson, Colorado Springs, for plaintiff-appellant.

Spurgeon, Haney & Howbert, P.C., Nancy Chase Miller, Colorado Springs, for defendant-intervenor-appellee.

KIRSHBAUM, Judge.

Plaintiff, Gernot Heinrichsdorff, appeals the trial court's summary judgments concluding that intervenor, The First National Bank of Colorado Springs (the Bank), and not Heinrichsdorff, is entitled to a sum of $5,000 on deposit with the court. We reverse.

The following undisputed facts are revealed by the record. On September 4, 1980, defendant Raat, doing business as Garden Construction and Landscape Company, executed a renewal note to the...

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