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FIRST NAT. BANK v. K.N.J., INC.

Nos. 92CA1798, 92CA1799 and 92CA1838.

867 P.2d 152 (1993)

FIRST NATIONAL BANK OF PAONIA, Plaintiff, v. K.N.J., INC., a Colorado corporation, Defendant, and Cecil Farnsworth, d/b/a Farnsworth Construction Company, and Joe Fisher, Defendants-Appellees, and United States for the Use of Advanced Pipe and Supply; Engineering and Construction Products, Inc.; Inland/Riggle Oil Company; Trustees of the Colorado Cement Masons Pension Trust Fund; Trustees of the Colorado Cement Masons Apprentice Trust Fund; Trustees of the Colorado Cement Masons Vacation Trust Fund; Trustees of the Colorado Laborers Health & Welfare Trust Fund; Trustees of the Colorado Laborers and Contractors Education and Training Trust Fund; Trustees of the Laborers National Pension Fund, and Trustees of the Colorado Laborers District Council Vacation Fund, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing December 2, 1993.

Attorney(s) appearing for the Case

Cecil Farnsworth, pro se.

Williams, Turner & Holmes, P.C., Thomas C. Volkmann, Grand Junction, for defendant-appellee Joe Fisher.

No appearance for U.S.

Michael J. Mirabella, Lakewood, for defendants-appellants Advanced Pipe and Supply, and Engineering and Const. Products, Inc.

Jules Ornstein and Simon E. Rodriguez, Denver, for defendant-appellant Inland/Riggle Oil Co.

Gorsuch, Kirgis, Campbell, Walker and Grover, Timothy J. Parsons, David B. Seserman and Dean C. Heizer, Denver, for defendants-appellants Trustees of the Colorado Cement Masons Pension Trust Fund; Trustees of the Colorado Cement Masons Apprentice Trust Fund; Trustees of the Colorado Cement Masons Vacation Trust Fund; Trustees of the Colorado Laborers Health & Welfare Trust Fund; Trustees of the Colorado Laborers and Contractors Educ. and Training Trust Fund; Trustees of the Laborers National Pension Fund, and Trustees of the Colorado Laborers Dist. Council Vacation Fund.

Opinion by Judge HUME.

In this interpleader action concerning the distribution of funds on a United States Forest Service contract, defendants, Advanced Pipe and Supply, Inc. (APS), Engineering and Construction Products, Inc. (ECPI), Inland/Riggle Oil Company (Inland), Trustees of the Colorado Cement Masons Pension Trust Fund, and several other trust fund entities (Trustees) filed separate appeals from a summary judgment in favor of defendants

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