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FOOTHILLS APARTMENTS v. FISCHER

No. 83CA0320.

693 P.2d 395 (1984)

FOOTHILLS APARTMENTS, a Colorado General Partnership, Plaintiff-Appellee, v. Gene E. FISCHER and Don W. Mullison, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

October 25, 1984.

Attorney(s) appearing for the Case

Isaacson, Rosenbaum & Friedman, P.C., Sheldon E. Friedman, Joseph J. Stollar, Michael E. Romero, Denver, for plaintiff-appellee.

Fischer & Wilmarth, Steven G. Francis, Hill & Hill, P.C., Alden T. Hill, Fort Collins, for defendants-appellants.

PIERCE, Judge.

The defendants, Gene E. Fischer and Don W. Mullison (Fischer), are the holders of a promissory note secured by a deed of trust on an apartment complex. The plaintiff, Foothills Apartments (Foothills), a Colorado general partnership, is the owner of the property. Foothills defaulted on the note held by Fischer, and Fischer instituted foreclosure proceedings through the public trustee. Foothills then commenced an action in the district court to enjoin...

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