FIRST COLORADO BANK v. PLANTATION INN

No. 87CA0592.

767 P.2d 812 (1988)

FIRST COLORADO BANK & TRUST, N.A., Plaintiff-Appellant, v. PLANTATION INN, LTD., a Colorado Limited Partnership, Intervenor-Appellee.

Colorado Court of Appeals, Div. II.

December 22, 1988.


Attorney(s) appearing for the Case

Craig Ferguson, Boulder, for plaintiff-appellant.

Holme Roberts & Owen, John R. Webb, Denver, for intervenor-appellee.


METZGER, Judge.

In this replevin action between two secured creditors, the dispositive issue is whether furniture and other personal property used in a motel restaurant, lounge, and guest rooms constitute inventory as defined by § 4-9-109(4), C.R.S., or are equipment as defined by § 4-9-109(2), C.R. S. We agree with the trial court's determination that they are equipment and, therefore, affirm.

On December 14, 1981, intervenor, Plantation Inn, Ltd...

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