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GRAEFE & GRAEFE v. BEAVER MESA EXPLORATION

No. 79CA0818.

635 P.2d 900 (1981)

GRAEFE & GRAEFE, INC., Plaintiff-Appellant, v. BEAVER MESA EXPLORATION CO., Rhelda S. High, Kenneth Hodgell, Marilyn Hodgell, Lundvall Brothers, Inc., Donald Joe Mechalke, Joe D. Mechalke, and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees. George C. RENSINK, Jr., and Dorothy L. Rensink, Plaintiffs-Appellants, v. BEAVER MESA EXPLORATION CO., Rhelda S. High, Kenneth Hodgell, Marilyn Hodgell, Lundvall Brothers, Inc., Donald Joe Mechalke, Joe D. Mechalke, The Permian Corporation and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 25, 1981.

Certiorari Denied November 9, 1981.

Attorney(s) appearing for the Case

Samuel L. McClaren, Denver, for plaintiffs-appellants.

Clarence W. Button, Eugene F. Costello, P. C., Eugene F. Costello, Bernadette M. Bauman, Denver, for defendants-appellees.

COYTE, Judge.

Plaintiffs filed these suits against defendants seeking to quiet title against certain oil leases held by defendants. From a conditional decree entered by the court, plaintiffs appeal. We affirm as to the conditional decree on the Graefe well No. 1, but conclude that an absolute decree should have been entered as to the rest of the acreage.

Defendant Joe D. Mechalke and plaintiffs Graefe and Rensink entered into separate oil and gas lease agreements...

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