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USA LEASING, INC., L.L.C. v. MONTELONGO

No. 99CA2495.

25 P.3d 1277 (2001)

USA LEASING, INC., L.L.C., Plaintiff-Appellee, v. Fernando MONTELONGO, M.D., individually and d/b/a Montelongo's Family Practice, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

May 10, 2001.

Attorney(s) appearing for the Case

Harry L. Simon, P.C., Harry L. Simon, Jennifer L. Tryjan, Denver, CO, for Plaintiff-Appellee.

Donald A. Brenner, Denver, CO, for Defendant-Appellant.

Opinion by JUDGE JONES.

In this action for damages based on the alleged breach of a lease agreement, defendant, Fernando Montelongo, M.D., appeals from the summary judgment entered against him and in favor of plaintiff, USA Leasing, L.L.C. Because the record does not support the entry of summary judgment, we reverse and remand for further proceedings.

The record reveals the following facts. Plaintiff filed a complaint alleging that defendant had breached a...

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