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SMITH v. EL PASO GOLD MINES, INC.

No. 83CA1475.

720 P.2d 608 (1985)

Bruce E. SMITH, Plaintiff-Appellee, v. EL PASO GOLD MINES, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 23, 1986.

Certiorari Denied June 2, 1986.

Attorney(s) appearing for the Case

Ranson, Thomas, Cook & Livingston, Richard P. Ranson, Ann P. Pitinga, Colorado Springs, for plaintiff-appellee.

Spurgeon, Haney & Howbert, P.C., Gregory R. Piche, Colorado Springs, for defendant-appellant.

STERNBERG, Judge.

Defendant, El Paso Gold Mines, Inc., appeals from an order of the district court voiding its redemption of dump rock located on its gold mining claim. We reverse.

Plaintiff, Bruce E. Smith, was a judgment creditor of defendant. In August 1981, pursuant to a writ of execution, defendant's real property was sold at auction and, later, redeemed by defendant. In March 1983, the judgment not having been totally satisfied, and no certificate of...

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