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ENERWEST, INC. v. DYCO PETROLEUM CORP.

No. 84CA0043.

716 P.2d 1130 (1986)

ENERWEST, INC., a Colorado corporation, Plaintiff-Appellee, v. DYCO PETROLEUM CORPORATION, a Minnesota corporation, Defendant and Third Party Plaintiff-Appellant, v. William T. SPEARS and Clara A. Spears, Third Party Defendants-Appellees.

Colorado Court of Appeals, Div. III.

February 27, 1986.

Attorney(s) appearing for the Case

Brownstein, Hyatt, Farber & Madden, Kenneth R. Bennington, Harlan S. Abrahams, Denver, for plaintiff-appellee.

John D. Lawyer, Glenwood Springs, for defendant and third party plaintiff-appellant.

Reams, Kaye & Alvillar, Warren F. Reams, Grand Junction, for third party defendants-appellees.

KELLY, Judge.

Defendant, Dyco Petroleum Corp., seeks review of a judgment quieting title to an easement in plaintiff, Enerwest, Inc., and denying defendant's third-party complaint against William and Clara Spears for restitution of the purchase price of the easement. We affirm in part and reverse in part.

This case concerns a road which traverses property formerly owned by the Spears and which provided the sole access to a pair of gas wells under development...

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