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BAKKER v. EMPIRE SAV., BLDG. & LOAN ASS'N

No. 80CA1037.

634 P.2d 1021 (1981)

Fritz BAKKER, Hendrick M. Bakker, Jacob Bakker, and James R. Vernon, Plaintiffs-Appellees, v. The EMPIRE SAVINGS, BUILDING AND LOAN ASSOCIATION, Defendant-Appellant, and Nancy J. Flett, Public Trustee for the County of Jefferson, Defendant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 6, 1981.

Certiorari Granted October 19, 1981.

Attorney(s) appearing for the Case

Joseph A. Davies, P. C., Joseph A. Davies, Curtis W. Shortridge, Denver, for plaintiffs-appellees.

Frascona, Gullette & McClow, John H. McClow, James C. Smittkamp, Boulder, for defendant-appellant.

STERNBERG, Judge.

In proceedings involving a deed of trust executed on February 25, 1969, the district court granted the plaintiffs' motion for a preliminary injunction preventing a lender, Empire Savings, Building & Loan Association from proceeding with a public trustee's foreclosure sale of certain real property. Empire was seeking to foreclose because of the unauthorized sale of the property to plaintiffs by an installment land contract, allegedly in violation...

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