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JUN-18-97 WED 23:48 <br />DISTRICT COURT, COUNTY OF DELTA, STATE OF COLORADO <br />Case No. 95 CV 38 Flcdinlh<~Co;n~IneGCourt <br />Dai:eCou,.!v Cme~aao <br />ORDER I ~ a'i S 1995 <br />LARRY MAUTZ and ELAINE MAUTZ, DennisR.fllaine,C!erk <br />Plaintiffs, <br />v <br />EDWIN S. ALLEN, individually and d/b/a WHISTLING ACRES RANCH, <br />ROBERT NiIDDL$TON, NANCY MIDDLETON, LESTER STANLEY and FRANCES <br />STANLEY, <br />Defendants. <br />This matter came before the Court for hearing on May 22, 1995 <br />at 3:30 p.m. pursuant to the Summons (Agistor's Lien Foreclosure) <br />and Complaint brought by Larry Mautz and Elaine Mautz, Plaintiffs. <br />Present at the hearing were Larry and Elaine Mautz, Plaintiffs and <br />their attorney of record, K.K. Summers. Defendant Edwin S. Allen <br />was not present, but was represented by hie attorney of record, <br />John A.F. Wendt, Jr. Robert Middleton, Nancy Middleton, Lester <br />Stahley ¢\nd Frances Stahley were present and represented by Victor <br />T. Rousltar who stated that the Plaintiffs were entitled to <br />foreclose their agistor's lien. ., <br />The Court heard the testimony of the witnesses, the arguments, <br />statement of counsel and examined the exhibits introduced into <br />evidence and makes the following findings: <br />1. The Court has jurisdiction over the parties a~.Id the <br />subject matter of this action. This matter involves the <br />foreclosure of an Agistor's Lien involving cattle located a:id fed <br />in Delta Coun~y, Colorado. All Defendants were served or signed <br />waivers of Service and all Defendants were represented in Court by <br />counsel. <br />2. Delta County, Colorado is the proper place of venue for <br />this action since the cattle were fed and are located in Delta <br />County., Colorado, and all Defendants either reside or do business <br />in Delta County, Colorado. <br />3. In November of 1993, Plaintiff was intrusted for the <br />purpose of feeding, herding, p@sturing, boarding and medical care <br />of about 44 cows which produced about 44 calves in 1994 (which are <br />now yearlings) and an approximate additional 49 calves were born or <br />P.02 <br />K:\KKS\MAVf.AR\AGISSOR\ORDER <br />