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BOARD OF L. COM'RS., ETC. v. DISTRICT CT. OF 14TH, ETC.

No. 27140.

551 P.2d 700 (1976)

The BOARD OF LAND COMMISSIONERS OF the DEPARTMENT OF NATURAL RESOURCES of the State of Colorado et al., Petitioners, v. The DISTRICT COURT OF the FOURTEENTH JUDICIAL DISTRICT, IN the COUNTY OF MOFFAT, State of Colorado, and the Honorable Claus J. Hume, Judge, Respondents.

Supreme Court of Colorado, En Banc.

June 28, 1976.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean Dubofsky, Deputy Atty. Gen., James S. Russell, William R. James, Asst. Attys. Gen., Denver, for petitioners.

Claus J. Hume, Craig, District Judge, pro se for respondent.

Welborn, Dufford, Cook & Brown, David W. Furgason, William A. McLain, Denver, Worth F. Shrimpton, Craig, for Utah International, Inc. amicus curiae.

PRINGLE, Chief Justice.

This is an original proceeding brought by the State Board of Land Commissioners (Land Board), in which the Land Board seeks to transfer venue in an action against the Board from Moffat County to the City and County of Denver.

In 1954, the Land Board granted to Utah International, Inc. a coal mining lease for lands in Moffat County. The lease, according to the Land Board, was subject to an express reservation of power by the Land Board...

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