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RUBY v. SCHUETT

No. 2954.

360 P.2d 170 (1961)

Jesse Dale RUBY, Administrator of the Estate of Jesse D. Ruby, also known as J. D. Ruby, deceased; Jesse Dale Ruby; Dola M. Shane; Wyoma C. Brown; Max L. Ruby; and Ceola F. Bell, Appellants (Plaintiffs below), v. John W. SCHUETT, Erick J. Ohman and Lynn Tarver, the Board of County Commissioners of Campbell County, Wyoming, Appellees (Defendants below).

Supreme Court of Wyoming.

March 9, 1961.

Attorney(s) appearing for the Case

Earl Dunlap, Gillette, and R.G. Diefenderfer, Sheridan, for appellants.

Thomas Morgan, County and Pros. Atty. for Campbell County, Gillette, for appellees.

Before BLUME, C.J., and PARKER, HARNSBERGER, and McINTYRE, JJ.

Mr. Justice PARKER delivered the opinion of the court.

On October 1, 1957, the Board of County Commissioners of Campbell County (hereafter called commissioners) acting upon the petition of sixteen residents who desired to have an auto-gate road established across certain lands, including those of Jesse D. Ruby, entered as a part of their proceedings and published in the News-Record, Gillette, Wyoming, the following:

"The Board of the County Commissioners...

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