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DALLAS v. FITZSIMMONS

No. 17755.

323 P.2d 274 (1958)

Warner David DALLAS and Robert J. Ernst, Plaintiffs in Error, v. J. B. FITZSIMMONS, also known as Jess Fitzsimmons, Perry Fitzsimmons, John Wonder, E. C. Jackson, Steven Hickel, C. E. Hazelhurst, and Tom Tatum, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 7, 1958.

Attorney(s) appearing for the Case

Leo Wm. Kennedy, Frazer Arnold, Fred W. Mattson, Denver, for plaintiffs in error.

Carl Cline, Foster Cline, William G. Sumners, Jr., Denver, for defendants in error.

SUTTON, Justice.

The parties are here in the same relative position as in the trial court and will be referred to as plaintiffs and defendants or by name. The State Board of Land Commissioners, not a party hereto, will be referred to as the Board.

Plaintiffs brought an ejectment action against defendants claiming all the mining rights on a half section of state land in Park County, Colorado, under a mining lease granted to them by the Board. Defendants claim...

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