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KRAUSE v. COLUMBIA SAV. AND LOAN ASS'N

No. 80CA0735.

631 P.2d 1158 (1981)

David P. KRAUSE, Pamela Krause, Randolph P. Krause, Clara K. Krause, Clayton Properties, Ltd., a limited partnership, John W. Pacheco, Byron E. Blakeslee, and B. Maxine Blakeslee, Plaintiffs-Appellants, v. COLUMBIA SAVINGS AND LOAN ASSOCIATION, a Colorado corporation, and F. J. Serafini, as Public Trustee for the City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 9, 1981.

Certiorari Granted July 20, 1981.

Attorney(s) appearing for the Case

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

Wegher & Fulton, P. C., Richard W. Breithaupt, David R. DeMuro, Denver, for defendants-appellees.

VAN CISE, Judge.

Plaintiffs instituted this action seeking a declaratory judgment, damages, and an injunction against enforcement of a "due on sale" provision in a deed of trust securing an indebtedness to defendant Columbia Savings and Loan Association (the lender). From an order denying plaintiff's motion for a preliminary injunction, plaintiffs appeal. We affirm.

The facts are not disputed. In August 1972, plaintiffs...

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