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KEMP v. EMPIRE SAV., BLDG. AND LOAN ASS'N

No. 81SC281.

660 P.2d 899 (1983)

Jerry L. KEMP and Income Realty and Mortgage, Inc., a Colorado corporation, Petitioners, v. The EMPIRE SAVINGS, BUILDING AND LOAN ASSOCIATION, and Nancy J. Flett, Public Trustee for the County of Jefferson, Respondents.

Supreme Court of Colorado, En Banc.

March 28, 1983.

Attorney(s) appearing for the Case

Joseph A. Davies, Curtis W. Shortridge, Nancy D. Miller, Denver, for petitioners.

Frascona, McClow & Joiner, John H. McClow, James C. Smittkamp, Boulder, for respondents.

ROVIRA, Justice.

This is an appeal from a reversal by the court of appeals of a district court grant of a preliminary injunction barring the foreclosure sale of certain property. Kemp v. Empire Savings, Building & Loan Association, 635 P.2d 234 (Colo.App.1981). We affirm the decision of the court of appeals.

I.

In November 1977, petitioner Jerry Kemp executed a promissory note in favor of respondent Empire...

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