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FIRST OF DENVER MORTG. INVESTORS v. C.N. ZUNDEL

Nos. 15696, 16051.

600 P.2d 521 (1979)

FIRST OF DENVER MORTGAGE INVESTORS and Citibank, N.A., Plaintiffs and Appellants, v. C.N. ZUNDEL AND ASSOCIATES, a limited partnership, et al., Defendants and Respondents. FIRST OF DENVER MORTGAGE INVESTORS, et al., Plaintiffs and Respondents, v. C.N. ZUNDEL AND ASSOCIATES, a limited partnership, Bland Brothers, Inc., et al., Defendants and Appellant.

Supreme Court of Utah.

August 24, 1979.

Attorney(s) appearing for the Case

Richard H. Nebeker, Salt Lake City, for plaintiffs and appellants in 15696 and for plaintiffs and respondents in 16051.

J. Anthony Eyre, George H. Speciale, Milo S. Marsden, Jr., Albert J. Colton, Robert S. Howell, David H. Schowbe, Richard C. Davidson, Carvel R. Shaffer, Salt Lake City, George K. Fadel, Albert E. Mann, Bountiful, John H. Kelly, pro se., LeRoy S. Axland, Randy S. Ludlow, Salt Lake City, for defendants and respondents in 15696.

Robert C. Cummings, Salt Lake City, for defendants and appellant in 16051 and for defendants and respondents in 15696.

Gordon A. Madsen, Robert F. Orton, Salt Lake City, for defendants and appellants in 16051.

STEWART, Justice:

This appeal from the district court consolidates two separate but related proceedings. These proceedings involve the allocation of priorities between mortgagees foreclosing against real property in Davis County, Utah, and competing lien claimants who provided services and materials for improvements to the property.

Plaintiffs, First of Denver Mortgage Investors ("FDMI") and Citibank, N.A., were granted a judgment against defendant Mountain...

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