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LA PLATA MEDICAL CENTER v. UNITED BANK

No. 92SC352.

857 P.2d 410 (1993)

LA PLATA MEDICAL CENTER ASSOCIATES, LTD., a Colorado limited partnership, and Thomas J. Usher, Petitioners, v. UNITED BANK OF DURANGO; Charles W. Black, Roderick K. Blacker, and Edward T. Searle, for themselves and all other persons similarly situated; Resolution Trust Corporation as Receiver for First Federal Savings and Loan Association of Fargo, F.A., North Dakota; and La Plata County Hospital District, A Colorado Special District, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 23, 1993.

Attorney(s) appearing for the Case

Carl H. Seeliger, Jr., Hughes & Dorsey, Susan L. Linsley, Denver, for petitioners.

Burns, Wall, Smith & Mueller, P.C., George W. Mueller, Donald D. Farlow, Denver, Frank J. Anesi, Durango, for respondent Resolution Trust Corp. as Receiver for First Federal Sav. and Loan Ass'n of Fargo, F.A., North Dakota.

Justice VOLLACK delivered the Opinion of the Court.

Petitioners La Plata Medical Center Associates (LPMCA) and Thomas J. Usher (Usher) petition from the court of appeals decision in Black v. First Federal Savings and Loan Association, 830 P.2d 1103 (Colo.App.1992).1 The court of appeals affirmed the district court's equitable ruling, but remanded the case for entry of one judgment in favor of First...

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