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WESTERN FED. S. & L. ASS'N OF DENVER v. BEN GAY, INC.

No. 21900.

436 P.2d 121 (1968)

WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER, a United States Corporation, for itself and as assignee, Plaintiff in Error, v. BEN GAY, INC., Helen Bush, Public Trustee of Jefferson County, and Jerry Berger, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied February 5, 1968.

Attorney(s) appearing for the Case

Hiester, Tanner and Clanahan, Bill Earl Tom, Edward J. Oswald, Winston Howard, Denver, for plaintiff in error.

Albert W. Gebauer, John Corbridge, Denver, for defendant in error Ben Gay, Inc.

DAY, Justice.

Western Federal Savings and Loan Association, hereinafter referred to as plaintiff or Western Federal, brought this action in the district court for several alternative forms of relief but principally it prayed to have a deed of trust for the benefit of Ben Gay, Inc. (hereinafter referred to as defendant or Ben Gay) declared junior and inferior to the deed of trust held as security by Western Federal on a lot known and numbered as 7612 Vance Drive, Arvada...

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