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CITY OF COLORADO SPRINGS v. MACK

No. 81CA0204.

640 P.2d 270 (1981)

CITY OF COLORADO SPRINGS, a municipal corporation, Plaintiff, v. Roosevelt MACK and Julie Mae Mack, Defendants and Cross-Claimants-Appellees, and Central Mortgage & Investment Company, Defendant and Cross-Defendant-Appellant.

Colorado Court of Appeals, Div. I.

December 31, 1981.

Attorney(s) appearing for the Case

Duitch, Duitch & Gerig, Kevin W. Major, Colorado Springs, for defendants and cross-claimants-appellees.

Donald E. La Mora, Colorado Springs, for defendant and cross-defendant-appellant.

ENOCH, Chief Judge.

Central Mortgage & Investment Company, mortgagee, seeks reversal of the trial court's judgment for $300 entered against it in an action for unjust enrichment. We affirm.

Mortgagee was the beneficiary under a deed of trust securing a loan assumed by the Macks (mortgagors). The City of Colorado Springs commenced condemnation proceedings against the property which was the subject of the deed of trust and service was made on both the mortgagor...

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