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AMERICAN ROOFING SUPPLY v. CAPPS

No. 93CA0429.

890 P.2d 133 (1994)

AMERICAN ROOFING SUPPLY OF COLORADO SPRINGS, INC., a Colorado corporation, Plaintiff-Appellant, v. Allan D. CAPPS, Defendant-Appellee, and Linda H. Capps, Defendant.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 12, 1994.

Attorney(s) appearing for the Case

Iuppa, Simons & Martin, Barney Iuppa, Colorado Springs, for plaintiff-appellant.

Ronald G. Crowder, P.C., Ronald G. Crowder, Colorado Springs, for defendant-appellee.

Opinion by Judge CRISWELL.

Plaintiff, American Roofing Supply of Colorado Springs, Inc., appeals from the order of the trial court that vacated one of the notices of lis pendens that plaintiff had filed, conditioned upon the posting by defendants, Allan D. and Linda H. Capps, of a bond to serve as security for any claim that plaintiff might later be found to have with respect to the realty described in such notice. The trial court, pursuant to C.R.C.P. 105(f)(2),...

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