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FAIRPLAY ALMA TAIL. DISP. CO. v. STATE MINERAL RES. BD.

No. 75-604.

548 P.2d 1289 (1976)

FAIRPLAY ALMA TAILINGS DISPOSAL CO., a Colorado Corporation, Plaintiff-Appellant and Cross-Appellee, v. STATE MINERAL RESOURCES BOARD, State of Colorado, Defendants-Appellees and Cross-Appellants, City of Fairplay, and all unknown persons who claim an interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

March 18, 1976.

Attorney(s) appearing for the Case

Ben L. Wright, Jr., Denver, for plaintiff-appellant and cross-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Asst. Atty. Gen., Wayne B. Schroeder, Special Asst. Atty. Gen., David Rees, Asst. Atty. Gen., Denver, for defendants-appellees and cross-appellants State Mineral Resources Bd. and State of Colorado and defendant-appellee City of Fairplay.

Selected for Official Publication.

RULAND, Judge.

In an action by plaintiff, Fairplay Alma Tailings Disposal Company, to quiet title to approximately 30 acres of land (the dam site) located near the City of Fairplay, the trial court granted a motion for summary judgment filed by defendants State of Colorado and City of Fairplay. Both Fairplay Alma and defendants seek this review of conclusions of law reached by the trial court in granting the motion. We affirm...

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