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HUTSON v. AGRICULTURAL DITCH & RESERVOIR CO.

No. 84SC143.

723 P.2d 736 (1986)

Lowell HUTSON, Mary F. Hutson, Chris L. Nelson and Linda J. Nelson, Petitioners, v. The AGRICULTURAL DITCH & RESERVOIR CO., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 25, 1986.

Attorney(s) appearing for the Case

Eiberger, Stacy & Smith, Carl F. Eiberger and Paul F. Hodapp, Denver, for petitioners.

Cockrell, Quinn & Creighton, Victor Quinn and Peter J. Wiebe, Jr., Denver, for respondent.

ERICKSON, Justice.

We granted certiorari in Agricultural Ditch & Reservoir Co. v. Gleason, 686 P.2d 802 (Colo.App.1984), to determine whether an interest in a forty-foot strip of land acquired in a condemnation proceeding in 1876 was a "limited fee" or an easement. The court of appeals held in Gleason that the condemnation decree awarded the Agricultural Ditch & Reservoir Company (Ditch Company) limited fee title...

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