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FEDERAL DEPOSIT INS. CORP. v. BOWEN

Nos. 89CA2168, 90CA0264.

824 P.2d 41 (1991)

FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Buena Vista Bank & Trust Company, Plaintiff and Judgment Creditor-Appellee, v. Roy L. BOWEN, Philip L. Smith, and Glenn R. McGowan, Defendants and Judgment Debtors-Appellees, American Casualty Company of Reading, Pennsylvania, Garnishee Defendant-Appellant. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Plaintiff-Appellant, v. Roy L. BOWEN, Philip L. Smith, Glenn R. McGowan, and Federal Deposit Insurance Corporation, as receiver for Buena Vista Bank & Trust Company, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 5, 1991.

Certiorari Granted January 27, 1992.

Attorney(s) appearing for the Case

Popham, Haik, Schnobrich & Kaufman, Ltd., Wiley Y. Daniel, Richard G. Sander, Denver, Tuttle & Taylor, Eugene J. Comey, Robert F. Schiff, Washington, D.C. (Kirkland & Ellis, Todd L. Vriesman, Kenneth W. Brothers, Denver, Andrè M. Douek, Washington, D.C., on brief), for Federal Deposit Ins. Corp.

No appearance for Bowen.

No appearance for Smith.

Rothgerber, Appel, Powers & Johnson, James R. Everson, Samuel M. Ventola, Denver, for McGowan.

Berryhill, Benjamin, Cage & North, Jack W. Berryhill, Denver, Meagher & Geer, Steven C. Eggimann, Robert E. Salmon, Thomas M. Stieber, Minneapolis, Minn., for American Cas. Co.

Opinion by Judge RULAND.

American Casualty Company (ACC) appeals from an order of the district court upholding the Federal Deposit Insurance Corporation's writ of garnishment against the proceeds of a director's and officer's liability insurance policy issued by ACC. ACC also appeals from the trial court's dismissal of its declaratory judgment action commenced to determine the rights and responsibilities of the parties under...

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