NATIONAL ACCEPTANCE CO. OF AM. v. MARS

No. 87CA1347.

780 P.2d 59 (1989)

NATIONAL ACCEPTANCE COMPANY OF AMERICA, a Delaware corporation, Plaintiff-Appellee and Cross-Appellant, v. Thomas Z. MARS, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

August 17, 1989.


Attorney(s) appearing for the Case

Sherman & Howard, Mark L. Fulford and Susan P. Mele, Denver, for plaintiff-appellee and cross-appellant.

Law Offices of Gary S. Cohen, Gary S. Cohen, Denver, for defendant-appellant and cross-appellee.


JONES, Judge.

Defendant, Thomas Z. Mars, appeals the judgment entered against him and in favor of plaintiff, National Acceptance Company of America. National Acceptance cross-appeals the amount of the court's award of attorney fees against Mars. We reverse the judgment, vacate the award of attorney fees, and remand for a jury trial.

In October 1981, Mars, in his capacity as president of Mars Steel and Iron Company (Mars Steel), executed a loan and security...

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