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COLORADO NAT. BANK v. MILES

No. 85-72.

711 P.2d 390 (1985)

COLORADO NATIONAL BANK, Appellant (Plaintiff), v. Wilburn H. MILES, a/k/a Wilburn H. Miles, Jr., a/k/a Bill H. Miles; Dorothy M. Miles; and R and R Oil Company, Appellees (Defendants), Continental Assurance Company; Texaco, Inc.; First Interstate Bank of Denver; and Sharon L. Kinnison, Trustee in Bankruptcy for Wilburn H. Miles, (Defendants).

Supreme Court of Wyoming.

December 12, 1985.

Attorney(s) appearing for the Case

Peggy Taylor Pfau, of Daly, Maycock, Anderson & Taylor, P.C., Gillette, for appellant.

Dan R. Price, II, and James P. Schermetzler, of Morgan, Brorby, Price & Roberts, Gillette, for appellee Dorothy M. Miles; Felix Sowada, of Preuit, Sowada & Hurich, Gillette, for appellee Wilburn H. Miles; Paul J. Drew, Gillette, for appellee R & R Oil Co.

Before THOMAS, C.J., BROWN and CARDINE, JJ., and ROONEY and GUTHRIE, JJ., Retired.

BROWN, Justice.

This appeal results from a summary judgment granted in an action to determine the claims of several parties to two separate parcels of real property. Wilburn H. Miles, Jr., filed a petition for bankruptcy in federal bankruptcy court. Stockmens Bank & Trust Company (Stockmens Bank) filed a motion to stay the bankruptcy proceedings in order to foreclose several of its mortgages on the two parcels of land. The bankruptcy proceedings were stayed, and...

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