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GORSUCH, LTD., B.C. v. WELLS FARGO NAT. BANK ASS'N

No. 14-1013.

771 F.3d 1230 (2014)

GORSUCH, LTD., B.C., a Colorado corporation; Gorsuch, Limited at Aspen, a Colorado corporation; Gorsuch, Limited at Keystone Mountain, a Colorado corporation; Gorsuch Cooper, LLC, a Colorado limited liability company, Plaintiffs-Appellants, and Gorsuch, Ltd., a Colorado corporation, Plaintiff, v. WELLS FARGO NATIONAL BANK ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 4, 2014.

Attorney(s) appearing for the Case

Richard B. Podoll , Podoll & Podoll, P.C., Greenwood Village, CO ( Robert A. Kitsmiller , Podoll & Podoll, P.C., Greenwood Village, CO, and Matthew C. Ferguson , The Matthew C. Ferguson Law Firm, Aspen, CO, with him on the briefs), appearing for Plaintiffs-Appellants.

Brian J. Berardini ( David C. Walker , with him on the brief), Brown, Berardini & Dunning, P.C., Denver, CO, appearing for Defendant-Appellee.

Before KELLY, LUCERO, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

In 2008, Wells Fargo extended a $14 million line of credit to Gorsuch, Ltd., a ski equipment, apparel, and home furnishing company. In 2009, when Gorsuch, Ltd.'s winter sales were lower than expected, Wells Fargo suspended the line of credit. Gorsuch, Ltd. and the Gorsuch Entities — Gorsuch, Ltd., B.C.; Gorsuch, Limited at Aspen; Gorsuch, Limited at Keystone Mountain; and Gorsuch Cooper, LLC — sued Wells Fargo for damages.

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