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METRO NAT. BANK v. DISTRICT COURT

No. 83SA404.

676 P.2d 19 (1984)

METRO NATIONAL BANK, A National Banking Association, Petitioner, v. DISTRICT COURT In and For the CITY AND COUNTY OF DENVER, State of Colorado and the Honorable John Brooks, Jr., One of the Judges Thereof and Sherry Dolton DuPoncet (Formerly Known as Sherry Waldman), Respondents.

Supreme Court of Colorado, En Banc.

January 23, 1984.

Attorney(s) appearing for the Case

John Mason, Jr., Linda L. Stamp, Denver, for petitioner.

Philip E. Lowery, P.C., Denver, for respondents.

NEIGHBORS, Justice.

This is an original proceeding filed pursuant to C.A.R. 21 in which the petitioner, Metro National Bank (Metro), contests the district court's jurisdiction to issue a prejudgment order of possession under C.R. C.P. 104. The district court ordered Metro to return to Sherry Dolton DuPoncet (DuPoncet), formerly known as Sherry Waldman, all but 50,000 of the 780,000 shares of stock held as collateral by Metro in Landmark Oil & Gas, Ltd., which...

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