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HAMMONS v. BIRKET

No. 85CA1303.

759 P.2d 783 (1988)

Gary L. HAMMONS, Robert T. Colgan, and James M. Jackson, Plaintiffs-Appellants Cross-Appellees, and Sunshine Motors, a general partnership, Plaintiff-Intervenor Cross-Appellee, v. Wilbur L. BIRKET and Mable Florene Birket, Defendants-Appellees Cross-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 7, 1988.

Certiorari Denied August 22, 1988.

Attorney(s) appearing for the Case

Dietze, Davis and Porter, P.C., Peter C. Dietze, John F. Hensley, Boulder, for plaintiffs-appellants, cross-appellees.

No appearance for plaintiff-intervenor, cross-appellee.

Grant, McHendrie, Haines and Crouse, P.C., Charles H. Haines, Jr., Richard A. Marsh, Denver, for defendants-appellees, cross-appellants.

BABCOCK, Judge.

Plaintiffs, Gary Hammons, Robert Colgan, James Jackson, and Sunshine Motors, appeal the judgment of the trial court quieting title to a contested tract of land in defendants, and awarding defendants damages for back rent. Defendants cross-appeal the trial court's award of damages. We reverse and remand for a new trial.

At issue is the ownership of a parcel of real property, the resolution of which depends upon determination of a boundary line...

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