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BILL MANNING, INC. v. DENVER WEST BANK & TR.

No. 82CA0299.

697 P.2d 403 (1984)

BILL MANNING, INC., a Colorado corporation, Plaintiff-Appellee, v. DENVER WEST BANK AND TRUST, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 8, 1984.

Certiorari Denied March 18, 1985.

Attorney(s) appearing for the Case

William A. Powers, P.C., William A. Powers, Peggy A. Burns, Littleton, for plaintiff-appellee.

Ellis, King & Schwidetzky, Del J. Ellis, Denver, for defendant-appellant.

SMITH, Judge.

Defendant, Denver West Bank and Trust, appeals from that portion of a judgment for plaintiff, Bill Manning, Inc., which awarded plaintiff exemplary and consequential damages and attorney fees for a frivolous and groundless defense. We affirm in part and reverse in part.

The evidence at trial established that, on December 15, 1980, Bill Manning opened a checking account at the bank on behalf of Bill Manning, Inc., a corporation. Between January...

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