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DURDIN v. CHEYENNE MOUNTAIN BANK

No. 02CA2224.

98 P.3d 899 (2004)

George E. DURDIN and Carefree Recreation, Inc., a Colorado corporation, Plaintiffs-Appellees and Cross-Appellants, v. CHEYENNE MOUNTAIN BANK, a Colorado corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 22, 2004.

Certiorari Denied October 4, 2004.

Attorney(s) appearing for the Case

Buell & Ezell, LLP, E. Steven Ezell, Colorado Springs, Colorado; Melat, Pressman & Higbie, LLP, Glenn S. Pressman, Colorado Springs, Colorado, for Plaintiffs-Appellees and Cross-Appellants.

Retherford, Mullen, Johnson & Bruce, LLC, Anthony A. Johnson, Jerry A. Retherford, Neil C. Bruce, Colorado Springs, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge LOEB.

In this action concerning the Federal Equal Credit Opportunity Act, defendant, Cheyenne Mountain Bank (CMB), appeals the judgment in favor of plaintiffs, George E. Durdin and Carefree Recreation, Inc. (Carefree). Plaintiffs cross-appeal the trial court's denial of their motion for costs and attorney fees. We affirm in part, reverse in part, and remand.

Durdin was the sole shareholder and owner of Carefree, a corporation that acquired...

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