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HARRISON v. WAHATOYAS, L.L.C.

Nos. 99-1319, 99-1390.

253 F.3d 552 (2001)

Dwight A. HARRISON, Plaintiff-Appellant, v. WAHATOYAS, L.L.C., a Colorado limited liability company; First Bank, FSB, Defendants-Appellees, and Grandote International Limited Liability Company, a Colorado limited liability company; U.S. Bank National Association; Grandote Golf and Country Club, a Colorado general partnership; Dwight A. Harrison Corporation, a Colorado corporation; David F. Jones, an individual; Charles Harrison; John P. Harrison; Paul D. Harrison, Defendants. Dwight A. Harrison, Plaintiff, v. Wahatoyas, L.L.C., a Colorado limited liability company; First Bank, FSB, Defendants-Appellees, v. Charles Harrison, John P. Harrison, Paul D. Harrison, Defendants-Appellants, and Grandote International Limited Liability Company, a Colorado limited liability company; U.S. Bank National Association; Grandote Golf and Country Club, a Colorado general partnership; Dwight A. Harrison Corporation, a Colorado corporation; David F. Jones, an individual, Defendants.

United States Court of Appeals, Tenth Circuit.

June 14, 2001.

Attorney(s) appearing for the Case

Dianne M. Kueck (Chesley K. Culp, III, S. Kirk Ingebretsen with her on the briefs) Moye, Giles, O'Keefe, Vermeire & Gorrell, LLP, Denver, CO, for Appellants.

Stephen D. Bell of Dorsey & Whitney, LLP for First Bank, FSB and Laura B. Redstone of Ballard, Spahr, Andrews & Ingersoll, LLP for Wahatoyas, L.L.C. (Jessica L. Harshbarger, Dorsey & Whitney, LLP, Fredric J. Lewis, Senn, Lewis & Visciano, PC, and Harry L. Simon with them on the brief), Denver, CO, for Appellees.

Before SEYMOUR, McKAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Appellants' predecessors in interest borrowed money from two banks to finance a golf course located in La Veta, Colorado.1 After financial difficulties, appellants settled the inevitable ensuing litigation by paying off the loan to one of the banks. They contend that an agreement between the banks required distribution of the settlement proceeds to appellants' debts with...

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