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HAMILTON v. ERTL

No. 18574.

360 P.2d 660 (1961)

Walter HAMILTON, Charles F. Rauman, Katheryn Arlene Dere, Christopher Columbus Dere, Charles Edward Dere, Donald Phillip Dere, Gerald Joseph Dere, Francis James Dere, David Daniel Dere, Dorothy Ann Rauman, and Walter Russell Rauman, Plaintiffs in Error, v. Tell ERTL, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 10, 1961.

Attorney(s) appearing for the Case

Charles F. Stewart, Frank Delaney, Glenwood Springs, for plaintiffs in error.

Cole, Mincer & Larson, Glenwood Springs, for defendant in error.

HALL, Chief Justice.

This action was instituted by Ertl under Rule 105, R.C.P.Colo., to determine interests in sixty-seven unpatented placer mining claims located in Rio Blanco County, Colorado. The claims were known as the Pueblo Group, Cedar Group, Nancy Group and Helen Agnes Group.

Trial was to the court and judgment entered December 2, 1957, quieting title in Ertl to all claims. The defendants who appeared in the trial court are here by writ of error seeking...

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