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OMNIBANK ILIFF, N.A. v. TIPTON

No. 91CA0663.

843 P.2d 71 (1992)

OMNIBANK ILIFF, N.A., Plaintiff-Appellant, v. John J. TIPTON, Executive Director, Department of Revenue, State of Colorado; Department of Revenue, State of Colorado; and Clarence Michael Powley, individually, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 13, 1992.

Certiorari Denied January 19, 1993.

Attorney(s) appearing for the Case

Iwasaki & Pearson, P.C., Lannie Y. Iwasaki, James V. Pearson, Denver, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mark W. Gerganoff, Asst. Atty. Gen., Denver, for defendants-appellees.

Opinion by Judge REED.

Plaintiff, Omnibank Iliff, N.A., appeals the summary judgment entered in favor of defendants, the Department of Revenue, State of Colorado (Department) and its executive director, John J. Tipton. We reverse and remand for further proceedings.

This is an action pursuant to § 39-21-114(6), C.R.S. (1982 Repl.Vol. 16B) for damages which Omnibank claims it suffered from the Department's seizure...

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