First National Bank v. Sunwest Bank ( 1996 )

UNITED STATES COURT OF APPEALS Filed 6/4/96 TENTH CIRCUIT FIRST NATIONAL BANK, OF BOSTON (Guernsey) LIMITED, Plaintiff - Counter-defendant - No. 95-2075 Appellant, v. (D.C. No. CIV-94-231-JC) UNITED NEW MEXICO BANK, FIRST (D. N.M.) SECURITY BANK, N.A., Defendant - Third-Party Plaintiff, and SUNWEST BANK OF ALBUQUERQUE, N.A., Defendant - Counter-claimant, Third-Party Plaintiff - Appellee, v. RICHARD D. LUEKER, N. JOAN LUEKER, A. ROLFE BLACK, DOROTHY W. BLACK, ROY W. BIDWELL, EILEEN BIDWELL, VAUN T. FLOYD, NORMAN C. BARNHART, Third-Party Defendants, Counter-claimants - Appellees. ORDER AND JUDGMENT* Before TACHA, McKAY, and JONES,** Circuit Judges. We AFFIRM for substantially the reasons given by the district court. Entered for the Court Monroe G. McKay Circuit Judge * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. ** The Honorable Nathaniel R. Jones, United States Court of Appeals for the Sixth Circuit, sitting by designation. 2