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DUMBELL RANCH CO. v. CHEROKEE EXPLORATION, INC.

No. 80-1880.

692 F.2d 706 (1982)

DUMBELL RANCH COMPANY, a Wyoming corporation, Plaintiff-Appellee, v. CHEROKEE EXPLORATION, INC., a Colorado corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 5, 1982.

Attorney(s) appearing for the Case

Fred W. Phifer, Wheatland, Wyo. (Sky D. Phifer of Phifer & Phifer, Wheatland, Wyo., with him on brief), for plaintiff-appellee.

Herbert A. Delap, Denver, Colo. (C. Kevin Cahill of Shafroth & Toll, P.C., Denver, Colo., with him on brief), for defendant-appellant.

Before SETH, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Dumbell Ranch Company, a Wyoming corporation, filed an action in trespass against Cherokee Exploration, Inc., a Colorado corporation, in the district court for Albany County, State of Wyoming. Pursuant to 28 U.S.C. § 1441, Cherokee removed the action to the United States District Court for the District of Wyoming.

In its complaint, Dumbell alleged that survey crews of Cherokee wilfully...

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