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MOORING v. BROWN

No. 83-1315.

763 F.2d 386 (1985)

Dwight Lee MOORING and Kristie Lou Mooring, Plaintiffs-Appellants, v. Andrew Jennings BROWN, Jr. and California First Bank, as Co-Trustees Under the Will of Ione Gilfillan Brown, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 28, 1985.

Attorney(s) appearing for the Case

Peter C. Dietze of Dietze, Davis & Porter, Boulder, Colo. (Allan C. Beezley, Boulder, Colo., with him on brief), for plaintiffs-appellants.

Anne J. Castle of Holland & Hart, Denver, Colo. (Jack L. Smith, Denver, Colo., with her on brief), for defendants-appellees.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and O'CONNOR, District Judge.

EARL E. O'CONNOR, District Judge.

This is an appeal from a final order denying plaintiffs declaratory and injunctive relief from the effect of defendants' prior judgment lien against real estate that included plaintiffs' residence built after the judgment lien was recorded. On stipulated facts, the district court found that the judgment lien was superior in right to plaintiffs' interests in the property. We affirm.

In June 1981 defendants obtained a judgment...

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