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KEITH v. KINNEY

No. 96CA1635.

961 P.2d 516 (1997)

Raymond E. KEITH and Brenda M. Keith, Plaintiffs-Appellees, and Thomas K. Colbert and Virginia N. Colbert, Plaintiffs-Intervenors-Appellees, v. Stephen H. KINNEY, Third-Party Plaintiff and Defendant-Appellant, v. MOUNTAIN GRAVEL AND CONSTRUCTION, INC., a corporation, Third-Party Defendant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 18, 1997.

Certiorari Denied July 27, 1998.

Attorney(s) appearing for the Case

Karsh & Fulton, P.C., Seymour Joseph, Denver, for Plaintiffs-Appellees and Plaintiffs-Intervenors-Appellees.

Richard S. Luhman, P.C., Richard S. Luhman, Cortez, Berenbaum, Weinshienk & Eason, P.C., Richard L. Eason, Denver, for Third-Party Plaintiff and Defendant-Appellant.

Opinion by Judge DAVIDSON.

Defendant, Stephen H. Kinney, appeals from a summary judgment entered against him in a proceeding to quiet title initiated by plaintiffs, Raymond E. and Brenda M. Keith. We dismiss the appeal without prejudice for lack of an appealable order.

The Keiths initiated this proceeding pursuant to C.R.C.P. 105 against Kinney and others to quiet title as to gravel on real property to which the Keiths owned surface rights and a fraction of...

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