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1ST CHOICE BANK v. FISHER MECHANICAL

No. 99CA0840.

15 P.3d 1100 (2000)

1ST CHOICE BANK, Plaintiff-Appellant, v. FISHER MECHANICAL CONTRACTORS, INC.; Collins Cashway Lumber, Inc., a Colorado corporation; and Scott Hergenreter Electric, Defendants-Appellees, Roger L. Childers, d/b/a Omega Homes; Arthur Willis, II, Weld County Treasurer; City of Greeley; Scott Masonry, Inc.; Kevin J. Starks, Weld County Public Trustee; and BMC West Corporation, Defendants.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 6, 2000.

Certiorari Denied January 16, 2001.

Attorney(s) appearing for the Case

Dickson and Dickson, P.C., Charles B. Dickson, Greeley, Colorado, for Plaintiff-Appellant.

Witwer, Oldenburg, Barry & Bedingfield, LLP, John J. Barry, Greeley, Colorado, for Defendant-Appellee Fisher Mechanical Contractors, Inc.

William L. Crosier, Greeley, Colorado, for Defendant-Appellee Collins Cashway Lumber, Inc.

Houtchens, Daniel & Greenfield, LLC, Thomas A. Houtchens, Greeley, Colorado, for Defendant-Appellee Scott Hergenreter Electric.

No Appearance for Defendants.

Opinion by Judge RULAND.

In an action to determine the priority of mechanics' liens, plaintiff, 1st Choice Bank, appeals from the trial court's order granting summary judgment in favor of defendants Fisher Mechanical Contractors, Inc.; Collins Cashway Lumber, Inc.; and Scott Hergenreter Electric. We reverse and remand for further proceedings.

As pertinent here, defendant Roger L. Childers obtained a loan from plaintiff for the purpose of purchasing a vacant...

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