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COLORADO NAT. BANK OF DENVER v. ADVENTURA ASSOC.

Civ. A. No. 90-B-0321.

757 F.Supp. 1167 (1991)

COLORADO NATIONAL BANK OF DENVER, a national banking association, Plaintiff, v. ADVENTURA ASSOCIATES, L.P., a Connecticut limited partnership, Defendant.

United States District Court, D. Colorado.

February 22, 1991.

Attorney(s) appearing for the Case

Allan L. Hale, Glen E. Keller, Jr., Davis, Graham & Stubbs, Denver, Colo., for plaintiff.

David W. Furgason, Welborn Dufford Brown & Tooley, P.C., Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Before me is defendant Adventura Associates, L.P.'s (Adventura) motion to dismiss plaintiff Colorado National Bank of Denver's (CNB) amended complaint for breach of promissory note, fraudulent misrepresentation and negligent misrepresentation. Adventura contends that the claims should be dismissed under Federal Rules of Civil Procedure 12(b)(7) and 19 because of the absence of an indispensable and unavailable...

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