Wimmer v. Jenkins

METZGER, Judge.

In an interpleader action brought by plaintiff, Ernest L. Wimmer, d/b/a W.W. Auctions & Real Estate, the Colorado Department of Revenue (Department) appeals the summary judgment entered in favor of Donna Sue Jenkins. We reverse and remand for further proceedings.

On March 1, 1981, R/C Trotta, Inc., a Colorado corporation, entered into a limited partnership agreement with Donna Sue Jenkins. The limited partnership was organized to form and operate a restaurant and lounge, R.T.’s Brass Pig, Ltd. The partnership agreement provided that the general partner, R/C Trotta, Inc.', would…