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  5. 728 P.2d 321 (1986)
 

MAXWELL v. W.K.A. INC.

Nos. 84CA0942, 84CA1156.

728 P.2d 321 (1986)

Quinton R. MAXWELL, Plaintiff-Appellant, v. W.K.A. INC., a Colorado corporation, and Carl Wasinger, individually, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 19, 1986.

Certiorari Denied November 3, 1986.

Attorney(s) appearing for the Case

Richard D. Gilson, Denver, for plaintiff-appellant.

Victor F. Crepeau, Kremmling, H. William Huseby, Denver, for defendants-appellees.

SMITH, Judge.

In this consolidated appeal concerning related actions, plaintiff appeals from a dismissal without prejudice entered in one action (the first case) and a summary judgment in defendants' favor entered in the other (the second case). We affirm the summary judgment and reverse the dismissal without prejudice.

On January 29, 1982, plaintiff initiated the first case by filing a complaint to collect on a note executed by defendants. On June 1, 1982...

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