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WESTERN SURETY CO. v. SMITH

No. 94CA0262.

914 P.2d 451 (1995)

WESTERN SURETY COMPANY, Plaintiff-Appellant, v. Iris SMITH, Basin Operations, Melvin Wolf, Elaine Wolf, and Danella Construction Corporation of Colorado, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 28, 1995.

Certiorari Denied April 8, 1996.

Attorney(s) appearing for the Case

Rothgerber, Appel, Powers & Johnson, Patrick Q. Hustead, Michael D. Plachy, Denver, for plaintiff-appellant.

Davis, Graham & Stubbs, L.L.C., William A. Bianco, Mark P. Urban, Denver, for defendants-appellees Iris Smith, Basin Operations, Melvin Wolf and Elaine Wolf.

Weinberger & Kanan, P.C., Thomas L. Kanan, Denver, for defendant-appellee Danella Const. Corp.

Opinion by Judge ROY.

In this interpleader action, plaintiff, Western Surety Company (Western), appeals the summary judgment entered in favor of defendants, Iris Smith, Basin Operations, Melvin Wolf, Elaine Wolf, and Danella Construction Corporation of Colorado, Inc., determining that each defendant may recover up to the face amount on two motor vehicle dealer bonds issued by Western. We reverse and remand for additional proceedings.

On October 15, 1991, Western...

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