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GILMORE v. RUBECK

No. 84CA0360.

708 P.2d 486 (1985)

Marguerette GILMORE, Plaintiff-Appellee and Cross-Appellant, v. Walter M. RUBECK, Georgia J. Rubeck, Joe Straziscar, and Rose M. Straziscar, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. I.

September 19, 1985.

Attorney(s) appearing for the Case

Kelly, Potter and Barshov, P.C., Eric Damian Kelly, Gary J. Raso, Deborah E. Eyler, Pueblo, for plaintiff-appellee and cross-appellant.

Evans & Briggs, Paul V. Evans, G. Scott Briggs, Colorado Springs, for defendants-appellants and cross-appellees.

PIERCE, Judge.

This appeal arises from a dispute over whether a particular mineral deposit was properly located as a lode claim by plaintiff, Marguerette Gilmore (Gilmore), or as a placer claim by defendants, Walter M. Rubeck, Georgia J. Rubeck, Joe Straziscar, and Rose M. Straziscar (Rubecks). Gilmore obtained a temporary injunction and posted a bond. On Gilmore's allegations of trespass and request for injunctive relief and damages, the master found in favor of...

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