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VICTOR-AMERICAN FUEL CO. v. WIGGINS

No. 85CA1564.

746 P.2d 58 (1987)

The VICTOR-AMERICAN FUEL COMPANY, a Maine corporation, Plaintiff-Appellee, v. Alvin A. WIGGINS, Yvonne Wiggins, John A. Wiggins, Steven Wiggins, Rebecca Wiggins Jackson and Lillian Denison, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 8, 1987.

Attorney(s) appearing for the Case

Holland and Hart, Joy E. Hansen, Britton White, Jr., Denver, for plaintiff-appellee.

Gerald D. Sjaastad, Colorado Springs, for defendants-appellants.

PIERCE, Judge.

Defendants, Alvin E. Wiggins, Yvonne Wiggins, John A. Wiggins, Steven Wiggins, Rebecca Wiggins Jackson, and Lillian Denison, appeal the summary judgment granting plaintiff, The Victor-American Fuel Company, declaratory relief. We reverse.

In 1967, defendants acquired an interest in the surface estate of certain property located in Las Animas County. The surface and mineral estates of the property had been severed by an earlier conveyance deed...

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