O'HARA v. COLTRIN

No. 80CA0823.

637 P.2d 398 (1981)

E. B. O'HARA, Plaintiff-Appellant, v. Donald G. COLTRIN, Patricia Roberts Walker and Peter C. Bowes, as Trustees of the Spool Trusts; Creek Cattle Co., a Texas Corporation; Globe-News Publishing Company, Inc., a corporation; Adolph Coors Company, a Colorado corporation; David F. Lawrence and Thomas G. Vessels, also known as Tom Vessels, Defendants-Appellees, and Beaver Mesa Exploration Co., a Nevada Corporation; Lucy K. Veet and James M. O'Kean, as Trustees and Continental Illinois National Bank and Trust Company of Chicago; W. R. Grace & Co., a Connecticut Corporation; W. C. McBride, Inc., a Delaware Corporation; Mountain Production Corporation, a California non-profit corporation; Panhandle Eastern Pipe Line Co., a Delaware Corporation; and Teal Petroleum Company, a Delaware corporation; and all unknown parties who may claim an interest in the subject matter of this suit, Defendants.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 9, 1981.

Certiorari Denied November 16, 1981.


Attorney(s) appearing for the Case

Maurice T. Reidy, Denver, William E. Shade, Greeley, for plaintiff-appellant.

Holland & Hart, Dennis M. Jackson, Thomas E. Gebow, Robert E. Benson, Denver, Houtchens, Houtchens & Daniel, Barnard Houtchens, Greeley, for defendants-appellees Donald G. Coltrin, Patricia Roberts Walker and Peter C. Bowes, as trustees of The Spool Trusts, Creek Cattle Co. and Globe-News Pub. Co., Inc.

Charles A. Redpath, Jr., Denver, for defendants-appellees Adolph Coors Co., David F. Lawrence and Thomas G. Vessels, also known as Tom Vessels.


PIERCE, Judge.

Plaintiff appeals a judgment granting defendant's motion for summary judgment on plaintiff's first and second claims for relief. We affirm.

On July 1, 1971, plaintiff, E. B. O'Hara, acquired the lessor's interest in an oil and gas lease initially executed on January 4, 1965. This original lease, under which the parties claim their respective interests, will be referred to hereafter as the "Bedinger lease." Defendants, trustees of the Spool Trusts...

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