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KRAUSE v. COLUMBIA SAV. AND LOAN ASS'N

Nos. 81SC300, 81SC128.

661 P.2d 265 (1983)

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, Petitioners, v. COLUMBIA SAVINGS AND LOAN ASSOCIATION, a Colorado corporation, and F.J. Serafini, as Public Trustee for the City and County of Denver, Respondents.

Supreme Court of Colorado, En Banc.

March 28, 1983.

Attorney(s) appearing for the Case

Joseph A. Davies, P.C., Joseph A. Davies, Curtis W. Shortridge, Denver, for petitioners.

Wegher & Fulton, P.C., Richard W. Breithaupt, Martha J. Ridgway, Denver, for respondents.

Fairfield & Woods, Patrick F. Kenney, Rocco A. Dodson, Denver, for amicus curiae Midland Federal Sav. and Loan Ass'n.

ROVIRA, Justice.

This is a consolidated appeal of two different stages of the same proceeding. The petitioners appeal the denial of their motion for a preliminary injunction and the granting of a partial summary judgment against them. We affirm both judgments.

In August 1972, petitioners David and Pamela Krause executed a deed of trust in favor of Columbia Savings and Loan Association (Columbia) encumbering certain...

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