MIDLAND BANK v. GALLEY CO.

No. 97CA0092.

971 P.2d 273 (1998)

MIDLAND BANK, a Missouri State Bank, as assignee of The Resolution Trust Corporation, as Receiver for Otero Savings and Loan Association, and as Receiver for First Federal Savings and Loan Association, Plaintiff-Appellee, v. GALLEY COMPANY, a Colorado general partnership, and R. Gary McCauley, Defendants-Appellants, and concerning The Principle Corporation, Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 28, 1998.

Certiorari Denied February 16, 1999.


Attorney(s) appearing for the Case

Anderson, Dude, Pifher & Lebel, P.C., Lawrence A. Hecox, Special Counsel, Colorado Springs, Colorado, for Plaintiff-Appellee

J. Gregory Walta, P.C., J. Gregory Walta, Colorado Springs, Colorado, Flynn McKenna Wright & Karsh, LLC, Bruce M. Wright, Michael C. Potarf, Colorado Springs, Colorado, for Defendants-Appellants.

Sparks Dix, P.C., Scott W. Johnson, Colorado Springs, Colorado, for Appellee.


Opinion by Judge DAVIDSON.

Defendants, Galley Company and R. Gary McCauley, appeal from the partial summary judgment entered against them determining, as a matter of law, that the amount paid to The Principle Corporation (Principle), hired by plaintiff, Midland Bank as assignee of the Resolution Trust Corporation (RTC), as receiver for Otero Savings and Loan Association (Otero) and for First Federal Savings and Loan Association, was a reasonable and authorized fee...

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