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COLORADO NAT. BANK-ARVADA v. GREANEY

No. 84CA1048.

720 P.2d 611 (1986)

COLORADO NATIONAL BANK-ARVADA, a national banking association formerly known as The Arvada State Bank, a state banking association, Plaintiff-Appellee, v. William F. GREANEY, Jr., Defendant-Judgment Debtor, and First Charter Bank, a state banking association, Garnishee-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 13, 1986.

Certiorari Denied June 2, 1986.

Attorney(s) appearing for the Case

Edward A. Walters, P.C., Edward A. Walters, Wheat Ridge, for plaintiff-appellee.

No appearance for defendant-judgment debtor.

Bader & Cox, Gerald L. Bader, Jr., Jeffrey M. Villanueva, Ann L. Duckett, Denver, for garnishee-appellant.

VAN CISE, Judge.

First Charter Bank (FCB) appeals a judgment entered in favor of Colorado National Bank-Arvada (CNB) for $41,728 in a dispute over funds held in a customer's account at First Charter Bank. We reverse.

In July 1983, CNB obtained a judgment by default against William Greaney, Jr., for $110,000. On March 5, 1984, CNB served a writ of garnishment upon FCB. On that date, Greaney had $41,728 in a checking account at FCB, and FCB had an outstanding...

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