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GILMORE v. UTE CITY MORTG. CO.

Civ. A. No. 85-K-882.

660 F.Supp. 437 (1986)

John F. GILMORE, Individually, and Jerome Hotel Company, a Michigan limited partnership consisting of General Partner John F. Gilmore, Plaintiffs, v. UTE CITY MORTGAGE COMPANY, a Colorado corporation, and Imperial Savings and Loan Association, a California corporation, Defendants.

United States District Court, D. Colorado.

Order on Motion for Reconsideration December 5, 1986.

Attorney(s) appearing for the Case

Sandra L. Spencer, White & Steele, P.C., Denver, Colo., John E. Anding, Clary, Nantz, Wood, Hoffius, Rankin & Cooper, Grand Rapids, Mich., for plaintiffs.

Thomas C. Hill, Seigle, Drabacher, Hill & Schiffer, P.C., Aspen, Colo., for Ute City Mortg. Co.

Michael J. Wadle, James W. Marks, Gorsuch, Krigis, Campbell, Walker and Grover, Denver, Colo., for defendant Imperial S & L Assn.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

I. FINDINGS OF FACT

Plaintiffs, collectively "Gilmore," sought capital for renovation of the Jerome Hotel in Aspen, Colorado. On December 6, 1983, Gilmore signed a construction financing loan commitment with the lender defendants. A permanent financing commitment was executed, on the same day, among the identical three parties. The two agreements were amended in writing on January 6, 1984. Following...

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