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ARIZONA-COLORADO LAND & CATTLE CO. v. DISTRICT CT., ETC.

No. 25977.

511 P.2d 23 (1973)

ARIZONA-COLORADO LAND & CATTLE COMPANY, an Arizona corporation, Petitioner, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT of the State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

June 11, 1973.

Attorney(s) appearing for the Case

Phelps, Fonda, Hays, Farley, Abram & Shaw, Thomas J. Farley, Pueblo, for petitioner.

Lee, Bryans, Kelly & Stansfield, Richard W. Bryans, Alfred J. Hamburg, Denver, for respondents.

GROVES, Justice.

In an action in the district court of Pueblo County, Public Service Company is seeking to condemn an easement for electric transmission lines. The proposed lines will extend 44 miles. Over half of the easement is to be located on property owned by the petitioner. The petitioner filed a motion in the district court to dismiss the proceeding for the reason that the petitioner would be injured unnecessarily by...

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