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KERN v. GEBHARDT

No. 84CA1106.

717 P.2d 998 (1985)

George B. KERN and Richard P. Hume, Plaintiffs-Appellants, v. Richard G. GEBHARDT, Public Trustee of the County of Boulder, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 23, 1986.

Certiorari Granted April 14, 1986.

Attorney(s) appearing for the Case

Robinson & Mallon, P.C., James C. Mallon, Susan A. Stearns, Evergreen, for plaintiffs-appellants.

Hutchinson, Black, Hill, Buchanan & Cook Heather Ryan, Boulder, for defendant-appellee.

Certiorari Granted (Appellants) April 14, 1986.

KELLY, Judge.

In this appeal from a declaratory judgment, the sole question for resolution is whether the trial court erred in ruling that § 38-38-106, C.R.S. (1982 Repl.Vol. 16A) limits the amount of attorneys' fees which may be assessed in a public trustee foreclosure of an accelerated debt to 10% of the sum for which the property is being foreclosed. We conclude that the attorneys' fees were properly...

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