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BIXLER v. ORO MANAGEMENT, L.L.C.

No. 03-44.

86 P.3d 843 (2004)

2004 WY 29

Ron BIXLER, Appellant (Plaintiff), v. ORO MANAGEMENT, L.L.C.; and Brad Hyde and Zane Pasma, Appellees (Defendants).

Supreme Court of Wyoming.

March 24, 2004.

Attorney(s) appearing for the Case

Representing Appellant: Kenneth S. Cohen, Jackson, Wyoming.

Representing Appellees: Richard Mathey, Green River, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Ron Bixler and Oro Management, LLC, (Oro) purchased property jointly and received a warranty deed as tenants in common. When Mr. Bixler sought partition of the property, Oro claimed the parties had a prior agreement that Mr. Bixler's tenancy in common did not extend to the mineral estate. The district court granted partial summary judgment in favor of Oro holding the prior agreement, which preceded the warranty deed, was determinative of...

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