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WESTERN BANK v. AQUA LEISURE, LTD.

No. 16612.

737 P.2d 537 (1987)

105 N.M. 756

WESTERN BANK, a New Mexico Corporation, Plaintiff-Appellant, v. AQUA LEISURE, LTD., a New Mexico Limited Partnership, Daniel Angelini, Defendants, v. William F. BARNHART, Pool Enterprises, Inc., Dudden Elevators, Inc. and Richard Dudden, Gregory L. Bamford, J. Kent Bamford and Bamford Land Company, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied June 4, 1987.

Attorney(s) appearing for the Case

Civerolo, Hansen & Wolf, Dennis E. Jontz, Ross L. Crown, Albuquerque, for plaintiff-appellant.

Johnson & Lanphere, Gerald R. Cole, Albuquerque, for defendants-appellees Pool Enterprises, et al.

Bruce E. Pasternack, Nancy Augustus, Albuquerque, for defendant-appellee Barnhart.

OPINION

SCARBOROUGH, Chief Justice.

Western Bank (Western) appeals a district court order denying Western's motion for summary judgment and granting appellees' cross-motions for summary judgment. Western brought suit on two promissory notes originally executed by Malibu Pools of New Mexico, Inc. (Malibu) and accompanying guaranty agreements signed by William Barnhart, Pool Enterprises, Inc. (not subject to Western's motion for summary judgment), Dudden Elevators...

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