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FORT COLLINS NAT. BANK v. NATIONAL BANK BLDG.

No. 82CA0823.

662 P.2d 196 (1983)

FORT COLLINS NATIONAL BANK, A National Banking Association, Plaintiff-Appellant, v. FORT COLLINS NATIONAL BANK BUILDING, A Limited Partnership, David C. James, Chester N. Winter, and John A. Flueck, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

March 10, 1983.

Attorney(s) appearing for the Case

Allen, Rogers, Metcalf & Vahrenwald, Donald E. Johnson, Jr., Fort Collins, for plaintiff-appellant.

No appearance by defendants-appellees.

KIRSHBAUM, Judge.

Plaintiff, Fort Collins National Bank (the Bank), appeals the trial court's summary judgment dismissing, sua sponte, plaintiff's second claim for relief against defendants, Fort Collins National Bank Building, David C. James, Chester N. Winter, and John A. Flueck (the partnership). We reverse.

The Bank filed a complaint against the partnership based upon alleged violations of several provisions of a lease entered into by the parties...

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