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BANK OF AMERICA v. KOSOVICH

No. 92CA1680.

878 P.2d 65 (1994)

BANK OF AMERICA, f/k/a Honolulu Federal Savings and Loan Association, Plaintiff-Appellant, v. John J. KOSOVICH, Sr., and John J. Kosovich, Jr., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 31, 1994.

Certiorari Denied August 15, 1994.

Attorney(s) appearing for the Case

Shapiro & Meinhold, Don H. Meinhold, Elizabeth S. Marcus, Elizabeth A. Bassler, Colorado Springs, for plaintiff-appellant.

The Law Firm of Leonard M. Chesler, Ben Klein, John S. Tatum, Denver, for defendants-appellees.

Opinion by Judge METZGER.

In this action for a deficiency judgment on a promissory note, plaintiff, Bank of America (the Bank), appeals the judgment entered on a jury verdict in favor of the defendants, John L. Kosovich, Sr. and John L. Kosovich, Jr. (the Kosoviches). We reverse and remand for a new trial.

On November 5, 1987, the Kosoviches executed and delivered a promissory note, secured by a deed of trust in the...

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