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ESTES PARK BANK v. SHANKS

No. 89CA0445.

794 P.2d 1108 (1990)

The ESTES PARK BANK, a Colorado banking corporation, Plaintiff-Appellant, v. Dewey D. SHANKS and Genevieve M. Shanks, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

June 14, 1990.

Attorney(s) appearing for the Case

Wood, Herzog, Osborn & Bloom, P.C., Charles S. Bloom, Ft. Collins, for plaintiff-appellant.

James B. Dunlap, Lakewood, for defendants-appellees.

Opinion by Judge NEY.

Plaintiff, the Estes Park Bank, appeals from the permanent injunction as granted by the trial court to defendants, Dewey D. and Genevieve M. Shanks. We affirm.

The sole issue on appeal is whether the trial court erred in finding that plaintiff's failure to file the affidavits required by § 38-41-206, C.R.S. (1982 Repl.Vol. 16A) precluded it from proceeding with a sheriff's sale based on its October 18, 1983 levy or seizure. We conclude...

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