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ASPENWOOD INVESTMENT CO. v. MARTINEZ

No. 01-1585.

355 F.3d 1256 (2004)

ASPENWOOD INVESTMENT COMPANY, Plaintiff-Appellant, v. Mel MARTINEZ, in his official capacity as Secretary of the United States Department of Housing and Urban Development, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 23, 2004.

Attorney(s) appearing for the Case

Nicholas W. Goluba, Jr. of Goluba & Goluba, P.C., Glenwood Springs, CO, for Plaintiff-Appellant.

Kathleen L. Torres, Assistant United States Attorney (John W. Suthers, United States Attorney, with her on the brief), Denver, CO, for the Defendant-Appellee.

Before SEYMOUR, HOLLOWAY and EBEL, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff/appellant Aspenwood Investment Company brought this action seeking a declaratory judgment that it was entitled to prepay a loan secured by real property and requesting injunctive relief to compel acts that would remove any obstacles to its prepayment. The defendant is the Secretary of the United States Department of Housing and Urban Development in his official capacity (hereinafter "HUD"). The complaint alleged that the district...

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