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TIMROTH v. OKEN

No. 01CA1416.

62 P.3d 1042 (2002)

Grant C. TIMROTH, Plaintiff-Appellant, v. Thomas OKEN, as Treasurer of Pitkin County, and Board of County Commissioners of Pitkin County, Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 12, 2002.

Certiorari Granted February 3, 2003.

Attorney(s) appearing for the Case

Wright & Adger, LLP, Gary A. Wright, James F. Fosnaught, Aspen, Colorado, for Plaintiff-Appellant.

John M. Ely, Pitkin County Attorney, Aspen, Colorado, for Defendants-Appellees.

Opinion by Judge DAVIDSON.

In this action to quiet title to a mining claim pursuant to C.R.C.P. 105, plaintiff, Grant C. Timroth, appeals from the grant of summary judgment to defendants, Board of County Commissioners of Pitkin County and Thomas Oken, as Treasurer of Pitkin County (collectively, the County). We reverse and remand.

In 1892, Henry L. Powers and Powell Smith received from the United States a patent grant...

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