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OKEN v. HAMMER

Nos. 88CA1414, 89CA0034.

791 P.2d 9 (1990)

Thomas Carl OKEN, Public Trustee for the County of Pitkin, State of Colorado, Plaintiff-Appellee, v. Oscar L. HAMMER, and American Trend Life Insurance Company, Defendants-Appellants, and Heartland Associates, Ltd., Metro Insurance Corporation, Metro National Bank, and Arthur J. Stegall, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

March 22, 1990.

Attorney(s) appearing for the Case

Oscar L. Hammer, pro se.

Richard Y. Neiley, Jr., P.C., Eugene M. Adler, Aspen, and James A. Bagley, Snowmass Village, for defendant-appellant American Trend Life Ins. Co.

Wendell B. Porterfield, Jr., Denver, for defendants-appellees Metro Ins. Corp. and Metro Nat. Bank.

Opinion by Judge DUBOFSKY.

Defendants, Oscar L. Hammer and American Trend Life Insurance Co., appeal the summary judgment entered in favor of defendants, Metro Insurance Corp. and Metro National Bank, declaring Hammer's deed of trust to certain real property invalid ab initio. We reverse.

After Hammer attempted to exercise his redemption rights pursuant to a deed of trust covering the property in question, this action was commenced by the Public Trustee...

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