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CRISSEY FOWLER LUMBER v. FCIB

No. 97CA2167.

8 P.3d 531 (2000)

CRISSEY FOWLER LUMBER COMPANY, a Colorado corporation; Transit Mix Concrete Company; Annie G. Taylor; Arlington E. Taylor; and Rustic Floor Covering, d/b/a The Wetta Corporation, Plaintiffs-Appellees, v. FIRST COMMUNITY INDUSTRIAL BANK, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied April 6, 2000.

Certiorari Denied September 11, 2000.

Attorney(s) appearing for the Case

Anderson, Dude & Lebel, P.C., Stephen J. Lebel, Colorado Springs, Colorado, for Plaintiffs-Appellees Crissey Fowler Lumber Company and Transit Mix Concrete Company.

Tom W. Armour, Twin Lake, Michigan, for Plaintiffs-Appellees Annie G. Taylor and Arlington E. Taylor.

Kleinsmith & Associates, P.C., Philip M. Kleinsmith, Colorado Springs, Colorado, for Plaintiff-Appellee Rustic Floor Covering d/b/a The Wetta Corporation.

Vaglica & Meinhold, L.L.C., Don H. Meinhold, Su-Lyn Combs, Colorado Springs, Colorado, for Defendant-Appellant First Community Industrial Bank.

Opinion by Judge DAVIDSON.

Defendant, First Community Industrial Bank (FCIB), appeals from the trial court's entry of judgment in favor of plaintiffs, Crissey Fowler Lumber Company (Crissey Fowler), Transit Mix Concrete Company (Transit Mix), Annie G. and Arlington E. Taylor (Taylors), and Rustic Floor Covering, d/b/a The Wetta Corporation (Rustic). The court found that under § 38-22-126(6), C.R.S.1999, defendant was obligated to disburse construction funds directly...

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