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GORE v. SHERARD

No. 01-136.

50 P.3d 705 (2002)

2002 WY 114

Lester A. GORE and Kathleen E. Gore, Appellants (Plaintiffs), v. Donald N. SHERARD, Stephen N. Sherard, Rex E. Johnson; Flying 13 Land Co.; and 121 Land Company, Inc., Appellees (Defendants).

Supreme Court of Wyoming.

July 19, 2002.

Attorney(s) appearing for the Case

Representing Appellants: Fred W. Phifer, Wheatland, WY. Argument by Mr. Phifer.

Representing Appellees Sherards and Johnson: Paul J. Hickey and Roger C. Fransen of Hickey, Mackey, Evans and Walker, Cheyenne, WY. Argument by Mr. Hickey.

Representing Appellees Flying 13 Land Co. and 121 Land Co.: Douglas W. Weaver, Wheatland, WY. Argument by Mr. Weaver.

Before HILL, C.J., and GOLDEN, LEHMAN, and KITE, JJ., and ROGERS, D.J.

ROGERS, District Judge.

[¶ 1] At the close of appellants' case, the trial court granted the appellees' motion for a directed verdict, more properly referred to as a judgment as a matter of law. W.R.C.P. 50(a). From that order this appeal has been taken.

[¶ 2] We affirm the trial court's decision as herein modified.

ISSUES

[¶ 3] Appellants state the issues as follows:

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