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GERRITY OIL AND GAS CORP. v. MAGNESS

No. 94CA1319.

923 P.2d 261 (1995)

GERRITY OIL AND GAS CORPORATION, Plaintiff-Appellee, v. Bob MAGNESS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing March 7, 1996.

Certiorari Granted September 9, 1996.

Attorney(s) appearing for the Case

Pendleton, Friedberg, Wilson, Hennessey & Meyer, P.C., F. Stephen Collins and Jeffrey R. Fiske, Denver, for Plaintiff-Appellee.

R. Sam Oldenburg, Greeley, and John S. Pfeiffer, Denver, for Defendant-Appellant.

Opinion by Judge METZGER.

Defendant, Bob Magness, appeals the judgment entered, after a trial to the court, denying him relief on his counterclaims against plaintiff, Gerrity Oil and Gas Corporation (Gerrity). We reverse and remand for a new trial.

Magness owned the surface rights to a parcel of land in Weld County. He used his land for raising horses and for related agricultural purposes. The subsurface mineral rights were owned by a third party not involved...

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