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DUFFIELD v. FIRST INTERSTATE BANK OF DENVER, N.A.

No. 92-1077.

13 F.3d 1403 (1993)

O.F. DUFFIELD, Plaintiff-Appellee, v. FIRST INTERSTATE BANK OF DENVER, N.A., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 1, 1994.

Attorney(s) appearing for the Case

Stephen R. McAllister (Larry L. Simms, with him on the briefs) of Gibson, Dunn & Crutcher, Washington, DC, for defendant-appellant.

Robert G. Good of Good & Good, P.C., Englewood, CO (Timothy D. Good of Good & Good, P.C., Englewood, CO, Philip G. Dufford, Douglas P. Ruegsegger, and Terry Jo Epstein of Welborn Dufford Brown & Tooley, P.C., Denver, CO, with him on the brief), for plaintiff-appellee.

Before McKAY, Chief Judge, SEYMOUR, Circuit Judge, and LEONARD, District Judge.

McKAY, Chief Judge.

I.

In this diversity action, First Interstate Bank of Denver, N.A. (hereinafter "the Bank") appeals a jury's award of $6,000,000 to O.F. Duffield on his breach of contract claims.

In 1983, Mr. Duffield borrowed $2,000,000 from the Bank on an unsecured basis. In 1984, Mr. Duffield posted his interest in various gas and oil wells as collateral for the loan pursuant to the terms of a Promissory Note, Mortgage, Deed of Trust, Assignment...

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