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VALLEY NAT. BANK OF CORTEZ v. CHAFFIN

No. 82CA1080.

718 P.2d 259 (1986)

VALLEY NATIONAL BANK OF CORTEZ, a national banking corporation, Plaintiff-Appellee, v. Gary G. CHAFFIN and Sherry L. Chaffin, d/b/a Longbranch Saloon; and Russell E. Hindmarsh, as the Public Trustee for the County of Montezuma, State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

March 13, 1986.

Attorney(s) appearing for the Case

Dilts, Dyer, Fossum & Hatter, P.C., Guy B. Dyer, Jr., James Hatter, Cortez, for plaintiff-appellee.

Jeffrey A. Goldstein, Denver, for defendants-appellants.

BABCOCK, Judge.

Defendants, Gary G. Chaffin and Sherry L. Chaffin, d/b/a Longbranch Saloon, appeal: (1) The judgment in favor of Valley National Bank of Cortez (Valley) on its claims for default upon two notes, and attorneys' fees in the amount of five thousand dollars; and (2) the dismissal of their counterclaims and third-party complaint. We reverse and remand for a new trial.

The underlying controversy between the parties concerned two notes of which defendants...

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