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GILLESPIE v. SIMPSON

No. 78-640.

588 P.2d 890 (1978)

M. L. GILLESPIE and Charles A. Underwood, Plaintiffs-Appellees, v. Raymond H. SIMPSON, Tommy Neal and Robert D. McPhee, jointly as the Board of Land Commissioners of the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

December 14, 1978.

Attorney(s) appearing for the Case

Samuel L. McClaren, Denver, Thomas R. Lefly, Lakewood, for plaintiffs-appellees.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Jeffrey G. Pearson, William R. James, Asst. Atty. Gen., Denver, for defendants-appellants.

RULAND, Judge.

Defendants, as members of the Board of Land Commissioners, appeal from a judgment determining that certain rentals received by the Board pursuant to two geothermal leases must be refunded to plaintiff, Charles A. Underwood. We affirm.

The relevant facts are not in dispute. On December 14, 1973, the Board as lessor signed two leases with plaintiff Gillespie for development and production of geothermal products from certain state lands. Plaintiff...

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