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SMITH v. MOORE

No. 22590.

474 P.2d 794 (1970)

Arthur G. SMITH, Plaintiff in Error, v. Kenneth L. MOORE, Mallie M. Moore, Dora v. Burke Owen, and Dorothy G. Moore, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 13, 1970.

Attorney(s) appearing for the Case

Klingsmith & Russell, P. C. Klingsmith, Gunnison, for plaintiff in error.

Seraphine & Alexander, Charles Alexander, Gunnison, for defendants in error.

Davis, Graham & Stubbs, William Hill-house, Denver, for amici curiae.

PRINGLE, Justice.

Since early in the 1900's coal has been removed by the underground mining method from Baldwin Mine located on certain property in Gunnison County. In 1946, L. D. Hardin severed the surface and mineral estates in certain of his property which included the Baldwin Mine and conveyed the surface rights to Otis Moore. The deed to Moore reserved to the grantor the mineral estate together with:

"* * * the right to ingress and egress upon said land...

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