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ZIMMERMAN v. COOK

No. 81CA1220.

651 P.2d 910 (1982)

Eugene A. ZIMMERMAN and Marie E. Zimmerman, Plaintiffs-Appellees, v. Gerald D. COOK, Ruth E. Cook, Forrest R. Grove and Johanne M. Grove, Defendants and Third-Party Plaintiffs-Appellees, v. SMALL BUSINESS ADMINISTRATION, an agency of the United States of America, Third-Party Defendant-Appellant.

Colorado Court of Appeals, Div. III.

August 26, 1982.

Attorney(s) appearing for the Case

Pferdesteller, Vondy, Horton & Coren, P. C., Fred W. Vondy, Denver, for plaintiffs-appellees.

Warren B. Bosch, Burnett & Horan, Harry G. Titcombe, Jr., Denver, for defendants and third-party plaintiffs-appellees.

Robert N. Miller, U. S. Atty., James W. Winchester, Asst. U. S. Atty., Denver, for third-party defendant-appellant.

KELLY, Judge.

The Small Business Administration (SBA) appeals the summary judgment entered against it and in favor of the third-party plaintiffs, Johanne and Forrest Grove, contending that the trial court erred in its interpretation of the Uniform Commercial Code, § 4-9-504(3), C.R.S. 1973. We agree and therefore reverse.

The following facts are undisputed. Plaintiffs, Marie and Eugene Zimmerman, obtained a loan from SBA to buy equipment for their business...

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