AUTOMATIC GAS DISTRIBUTORS v. STATE BANK

No. 90-237.

817 P.2d 441 (1991)

AUTOMATIC GAS DISTRIBUTORS, INC., a Colorado corporation, Appellant (Defendant), v. STATE BANK OF GREEN RIVER, a Wyoming banking corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 20, 1991.


Attorney(s) appearing for the Case

Richard Mathey of Reese & Mathey, Green River, for appellant.

Lawrence A. Marty of Marty & Ragsdale, Green River, for appellee.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.


CARDINE, Justice.

This case involves a dispute between the State Bank of Green River (Bank) and Automatic Gas Distributors, Inc. (AGD) over which of their competing interests is senior in the property being foreclosed. AGD appeals the district court's summary judgment ruling that AGD "surrendered" its earlier, unexpired lease when it executed a subsequent lease for a longer term in the same property. As a result of this ruling, the Bank's mortgage was held senior...

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