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TRAVELERS INS. CO. v. JANITELL FARMS, INC.

No. 79CA0733.

609 P.2d 1116 (1980)

TRAVELERS INSURANCE COMPANY, a Connecticut Corporation, Plaintiff-Appellee, v. JANITELL FARMS, INC., a Colorado Corporation; Ralph D. Janitell, Jr., Richard L. Janitell; Sears Bank & Trust Company, an Illinois Corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 14, 1980.

Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, Gregory L. Williams, Denver, for plaintiff-appellee.

Otto K. Hilbert, Colorado Springs, for defendants-appellants.

COYTE, Judge.

In this consolidated action, Janitell Farms, Inc. appeals the summary judgment of the trial court dismissing its complaint for declaratory judgment or alternatively for order vacating judicial sale. We reverse.

Defendants owned extensive real estate and water rights in El Paso County. They obtained a loan from Travelers Insurance Company which was secured by a deed of trust on the property. On October...

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