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DZURIS v. KUCHARIK

No. 21793.

434 P.2d 414 (1967)

Andrew DZURIS, Thomas Dzuris and Joseph Dzuris, Plaintiffs in Error, v. George KUCHARIK, Defendant in Error.

Supreme Court of Colorado, In Department.

December 4, 1967.

Attorney(s) appearing for the Case

Gibson, Gibson, Cole & Gerdes, Colorado Springs, for plaintiffs in error.

Eugene O. Bird, Colorado Springs, for defendant in error.

DAY, Justice.

The parties are here inverse to their appearance in the trial court. They will be referred to as they were aligned below or as Dzuris brothers and Kucharik, respectively.

Plaintiff and defendants own adjoining land. The Dzuris brothers' property is to the north of Kucharik's. Both properties are entirely enclosed by fences. A quarter mile east-west fence had been in place between plaintiff's and defendants' properties since the time the Dzuris...

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