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BUELL v. SEARS, ROEBUCK AND CO.

No. 7156.

321 F.2d 468 (1963)

Temple Hoyne BUELL, Appellant, v. SEARS, ROEBUCK AND CO., a New York Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 29, 1963.

Attorney(s) appearing for the Case

Laurence W. DeMuth, Jr., Denver, Colo. (Pauline J. Nelson, Denver, Colo., on the brief), for appellant.

Ira Rothgerber, Denver, Colo. (William P. Johnson, Denver, Colo., and Robert S. Slosky, Colorado Springs, Colo., on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

This suit to quiet title was removed from a state court to the United States District Court for the District of Colorado by reason of claimed diversity of citizenship. The appellant Buell, who was plaintiff in the lower court and who will be referred to herein as such, sued the defendant Sears, Roebuck and Co. to quiet title to a strip of land which the plaintiff originally had dedicated for street purposes. Presented here is a problem...

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