SMALLER v. LEACH

No. 18041.

316 P.2d 1030 (1957)

Elmer J. SMALLER, Robert L. Taylor and John T. Fontecchio, Plaintiffs in Error, v. James LEACH, Paul W. Grimes, W. Russell Olson, Thomas E. Fontecchio and George Bodley, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied November 12, 1957.


Attorney(s) appearing for the Case

Stinemeyer & Stinemeyer, Roger M. Breyfogle, Max C. Wilson, Canon City, for plaintiffs in error.

John Stump Witcher, Canon City, for defendants in error.


SUTTON, Justice.

Plaintiffs in error were defendants and defendants in error were plaintiffs in the trial court. We will refer to them as they there appeared or by name.

The long record in this case details controverted material facts showing in substance that one of plaintiffs, Thomas E. Fontecchio, hereinafter sometimes referred to as Tom, with the use of a radio detection instrument known as a scintillator, while prospecting on December 26, 1954, discovered...

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