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AVCO AURORA INDUS. BANK v. CLINE

Civ. A. No. 78-K-221.

459 F.Supp. 857 (1978)

AVCO AURORA INDUSTRIAL BANK, Plaintiff, v. Delbert K. CLINE, Lucylle Cline and Dale A. McConnell, Defendants. Delbert K. CLINE, Lucylle Cline and Dale A. McConnell, Third-Party Plaintiffs, v. OLD REPUBLIC LIFE INSURANCE COMPANY, Third-Party Defendants.

United States District Court, D. Colorado.

October 30, 1978.

Attorney(s) appearing for the Case

Martin H. Shore, Hellerstein, Hellerstein & Shore, Denver, Colo., for plaintiff.

Lynn Carter, McKie & Warner, P. C., Robert W. Hutchinson, Denver, Colo., for defendants.

John W. Patterson and Robert W. Hutchinson, Hays & Patterson, Denver, Colo., for third-party defendants.

MEMORANDUM AND ORDER

KANE, District Judge.

This matter is now before the court on third-party defendant's petition for removal to federal district court pursuant to 28 U.S.C. § 1441(c). Defendants and third-party plaintiffs have filed objections to the petition and the matter is now ripe for determination.

The action arises from a loan in the amount of $39,354 evidenced by a promissory note agreement between the plaintiff

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