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FEDERAL DEPOSIT INS. CORP. v. HORN

Civ. A. No. 90-K-362.

751 F.Supp. 186 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff, v. James L. HORN, Defendant.

United States District Court, D. Colorado.

November 23, 1990.

Attorney(s) appearing for the Case

Wiley Y. Daniel, David S. Fein, Popham, Haik, Schnobrich & Kaufman, Denver, Colo., for plaintiff.

Richard Breithaupt, Woods, Kinney & Breithaupt, Englewood, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This is an action in which the FDIC is seeking to recover on two promissory notes it assumed when it took over the insolvent South Denver National Bank. The FDIC has moved for summary judgment, arguing that the maker of the notes, James L. Horn, has no defenses to this collection action. Horn responded to the motion for summary judgment by alleging there is a material issue of fact whether the FDIC...

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