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MORTGAGE INVESTMENTS v. BATTLE MOUNTAIN

No. 02SC102.

70 P.3d 1176 (2003)

MORTGAGE INVESTMENTS CORPORATION, a Colorado corporation, Petitioner, v. BATTLE MOUNTAIN CORPORATION; Anglo American Consolidated Corporation; Anglo America Consolidated Corporation; Conejos Advisors Co.; Sangre Consultants, Inc.; Apishapa Management, Inc.; Piney Lumber Co.; Pine Martin Mining Company; and Battle Mountain Limited Liability Co., Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 9, 2003.

Attorney(s) appearing for the Case

Netzorg McKeever Koclanes & Bernhardt LLC, Gordan W. Netzorg, J. Nicholas McKeever, Jr., Susan Bernhardt, Denver, CO, Attorneys for Petitioner.

Appel & Lucas, PC, Garry R. Appel, Denver, CO, Attorney for Respondent.

Hall & Evans, L.L.C., Alan Epstein, Denver, CO, Murray Franke Greenhouse List & Lippitt L.L.P., Paul R. Franke, III, Attorneys for Amicus Curiae for Colorado Mortgage Lenders.

Justice HOBBS delivered the Opinion of the Court.

We granted certiorari in this case1 to review the court of appeals decision in Mortgage Invs. Corp. v. Battle Mountain Corp., 56 P.3d 1104 (Colo.App.2001). This is a C.R.C.P. 105 action brought by petitioner Mortgage Investments Corporation (MIC) to foreclose on a lien of a deed of trust. The trial court ruled that the respondent Battle Mountain...

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