MILLER, INC. v. BRECKENRIDGE RESORT

Nos. 87CA1194, 87CA1503 and 87CA1564.

779 P.2d 1365 (1989)

STAN MILLER, INC., a Colorado corporation; Merrick & Company, a Colorado corporation; Raymond Strahlo d/b/a Raymond Construction; Virginia Drilling Co., Inc.; Schmeuser & Associates; Jonathan Rovick and Jeff Page d/b/a Western Slope Forestry; and Robert A.M. Stern d/b/a Robert A.M. Stern, Architects, Plaintiffs-Appellees, v. BRECKENRIDGE RESORT ASSOCIATES, INC., a Colorado corporation d/b/a Breckenridge Associates, Inc., Delaware Associates, Ltd., an Oregon limited partnership, and Breckenridge Building Center, Defendants-Appellees, and Independent Trust Corporation, an Arizona corporation, as trustee, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 30, 1989.

Certiorari Granted September 11, 1989.


Attorney(s) appearing for the Case

Bauer & Durkin, P.C., Douglas S. Durkin, Breckenridge, for plaintiffs-appellees Stan Miller, Inc. and Robert A.M. Stern.

St. Clair & Rolle, Alexander F. Rolle, Denver, for plaintiffs-appellees Merrick & Co., Virginia Drilling Co., Inc., Schmeuser & Associates, and Jonathan Rovick and Jeff Page d/b/a Western Slope Forestry.

Holme Roberts & Owen, G. Kevin Conwick and Larry S. Schwartz, Denver, for defendant-appellee Delaware Associates, Ltd.

French, West, Wood & Brown, P.C., John Blair Wood, Breckenridge, for defendant-appellee Breckenridge Bldg. Center.

Loser, Davies, Magoon & Fitzgerald, P.C., Deborah A. Sperlak, Brian A. Magoon and Edward B. Towey, Denver, for defendant-appellant Independent Trust Corp.

No appearance for plaintiff-appellee Raymond Strahlo d/b/a Raymond Const.


TURSI, Judge.

This appeal concerns a consolidated case involving three actions to foreclose various mechanics' liens on the same tract of property. Defendant, Independent Trust Corp. (ITC), appeals the summary judgment entered in favor of the mechanics' lien claimants. ITC also appeals the trial court's order denying its motion to supplement a previous order and granting both a motion regarding the distribution of proceeds after sale and a motion for attorney fees...

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