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VAIL NAT. BANK v. J. WHEELER CONST. CORP.

No. 82CA0959.

669 P.2d 1038 (1983)

VAIL NATIONAL BANK, Plaintiff-Appellee, v. J. WHEELER CONSTRUCTION CORPORATION, a Colorado corporation, Defendant-Appellant, and Gerhard K. Lenz and Darryl K. Blanchard, individually and doing business as Eagle Masonry, Defendants.

Colorado Court of Appeals, Div. III.

July 21, 1983.

Attorney(s) appearing for the Case

Weinshienk, Miller, Borus & Permut, James A. Jacobson, Hubert T. Weinshienk, Denver, for plaintiff-appellee.

Robert A. Francis, P.C., Robert A. Francis, Aspen, for defendant-appellant.

BERMAN, Judge.

Wheeler Construction Corporation appeals the trial court's grant of summary judgment to Vail National Bank. We affirm.

The central question in this appeal is whether Vail National is a holder in due course of a check written by Wheeler to Eagle Masonry. In 1981, Eagle was hired by Wheeler to complete a masonry subcontract. In partial payment on that contract, Wheeler wrote a check to Eagle for $20,298. Eagle promptly cashed the check at Vail...

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