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CITIZENS BANK v. KRUSE

No. 83CA0550.

691 P.2d 1143 (1984)

CITIZENS BANK, Plaintiff-Appellant, v. Patrick E. KRUSE, Thomas G. Kruse, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 14, 1984.

Certiorari Denied November 26, 1984.

Attorney(s) appearing for the Case

McKie & Associates, Joseph E. Dworkin, Gregg E. Kay, Denver, for plaintiff-appellant.

Machol & Machol, P.C., Jacques A. Machol, Jr., Denver, for defendants-appellees.

ENOCH, Chief Judge.

Proceeding under § 38-10-117, C.R.S. (1982 Repl.Vol. 16A), plaintiff, Citizens Bank (Bank), a judgment creditor of defendant Patrick Kruse, brought this action to set aside a conveyance from defendant Patrick Kruse to his brother, defendant Thomas Kruse (Kruse). The trial court entered judgment against Bank and awarded attorney fees to Kruse pursuant to § 13-17-101, C.R.S. (1983 Cum.Supp.). Bank appeals that portion of the judgment awarding...

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