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BALANCED ROCK SCENIC ATTRACTIONS v. TOWN OF MANITOU

No. 133.

38 F.2d 28 (1930)

BALANCED ROCK SCENIC ATTRACTIONS, Inc., v. TOWN OF MANITOU.

Circuit Court of Appeals, Tenth Circuit.

January 29, 1930.

Attorney(s) appearing for the Case

Fred S. Caldwell, of Denver, Colo., for appellant.

C. W. Dolph, of Colorado Springs, Colo., for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

The appellant complains of a dismissal of a bill it filed against the town of Manitou to have a vacation deed of its grantor, Curt P. Goerke, decreed to lawfully vacate the Balanced Rock road, a public highway, thirty feet wide, meandering across appellant's lands, within the corporate limits of the town, and to have its title thereto quieted as against an easement which the town claims in those lands, by virtue of that highway.

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