BOULDER LUMBER CO. v. ALPINE OF NEDERLAND

No. 80CA0694.

626 P.2d 724 (1981)

BOULDER LUMBER COMPANY, a Colorado Corporation, Plaintiff, v. ALPINE OF NEDERLAND, INC., a Colorado Corporation, Christoph M. Justen, Individually, Defendants, and National State Bank of Boulder, Colorado, a National Banking Association, Defendant-Appellant, and John C. Docter, James W. Docter, and Thomas C. Docter, Defendants-Appellees, and Rental City, Inc., a Colorado Corporation, K. E. N. Engineering Co., a Colorado Corporation, Meyers Heating and Air Conditioning, Inc., a Colorado Corporation, Shanahan Masonry Co., Boulder Valley Dry Wall, Inc., a Colorado Corporation, Leonard L. Cole, d/b/a Len's Excavating, Public Trustee of Boulder, Colorado, Defendants.

Colorado Court of Appeals, Division II.

February 26, 1981.


Attorney(s) appearing for the Case

Hutchinson, Black, Hill, Buchanan & Cook, William D. Meyer and Baine P. Kerr, Boulder, for defendant-appellant.

Hurth, Yeager & Sisk, John M. Yeager, Boulder, for defendants-appellees.


VAN CISE, Judge.

Defendant National State Bank of Boulder (the bank) appeals the issuance of a preliminary injunction prohibiting the defendant public trustee from selling certain real property in Boulder County pursuant to the power of sale in a deed of trust in favor of the bank. We affirm.

On May 1, 1980, the bank commenced a foreclosure action by filing with public trustee a notice of election and demand for sale under a deed of trust from defendant Alpine...

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