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IN RE WERTH

Civ. A. No. 84-K-2258, Bankruptcy No. 80 B 03483 M.

54 B.R. 619 (1985)

In re Elmer D. WERTH, Debtor. Elmer D. WERTH, Debtor-Appellee, v. FIRST INTERSTATE BANK OF DENVER N.A. (Formerly Intrawest Bank of Denver, N.A. and First National Bank of Denver), Appellant.

United States District Court, D. Colorado.

November 4, 1985.

Attorney(s) appearing for the Case

Harold A. Feder, Feder, Morris & Tamblyn, Paul D. Rubner, Denver, Colo., for debtor-appellee.

Richard L. Eason, Eugene N. Sprague, Eason, Sprague & Wilson, Denver, Colo., for appellant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

IntraWest Bank of Denver appeals from the January 31, 1984 decision of Judge Jay L. Gueck in the bankruptcy court, 37 B.R. 979. The bankruptcy court's January 31 order held that the damages sustained by Elmer Werth as a result of the bank's breach of contract exceeded the claim filed by the bank as an unsecured claimant in the personal bankruptcy of Elmer Werth. Therefore...

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