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FIRST NAT. BANK v. UNION TAVERN CORP.

No. 89CA0506.

794 P.2d 261 (1990)

FIRST NATIONAL BANK OF LAKEWOOD, Plaintiff-Appellant, v. UNION TAVERN CORPORATION, a Colorado corporation, Jeffrey B. Selby, James Barton Nowell, and Allen Gerstenberger, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

May 24, 1990.

Attorney(s) appearing for the Case

Robinson, Waters, O'Dorisio and Rapson, P.C., Peter A. Robinson, Martha J. Bohling, Denver, for plaintiff-appellant.

Welborn, Dufford, Brown & Tooley, P.C., Gregory A. Ruegsegger, S. Kirk Ingebretsen, Scott J. Mikulecky, Denver, for defendants-appellees.

Opinion by Judge DUBOFSKY.

Plaintiff, First National Bank of Lakewood, appeals the trial court's order granting the motion for restitution by defendants, Union Tavern Corporation, Jeffrey B. Selby, James B. Nowell, and Allen Gerstenberger. We affirm in part and reverse in part.

Defendants, signatories to a promissory note executed in 1984, made the scheduled payments on the note for two years, but they failed to make the $5,000 payment due on March 15, 1986...

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