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WHATLEY v. WOOD

No. 26284.

526 P.2d 290 (1974)

William J. WHATLEY, Plaintiff-Appellant, v. Dorothy Stevens WOOD et al., Defendants-Appellees. Barney L. WHATLEY, Claimant-Appellant, v. The OMAHA NATIONAL BANK (Party by substitution for Dorothy Stevens Wood, Deceased) and Marie G. Murphy, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 30, 1974.

Attorney(s) appearing for the Case

Mincer, Larson & Hartert, Neil S. Mincer, Glenwood Springs, for plaintiff-appellant.

Davis, Graham & Stubbs, Donald S. Stubbs, William E. Meyers, Denver, for defendant-appellee, Marie G. Murphy.

Dawson, Nagel, Sherman & Howard, Winston S. Howard, Raymond J. Turner, Denver, for claimant-appellant, Barney L. Whatley.

Cosgriff, Dunn, French & Seavy, V. G. Seavy, Jr., Eagle, for defendant-appellee, The Omaha National Bank.

KELLEY, Justice.

This appeal is another chapter in the extended litigation relating to the defunct Colorado Carbon Company (the Company). The genesis of the litigation was an action by William Whatley, plaintiff here, to quiet title to certain patented oil shale mining claims in Garfield County aggregating 1,899.60 acres acquired from one Leach, the sole surviving member of the last board of directors of the Company. The defendants were creditors and stockholders...

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