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BLUE RIVER COMPANY v. RIZZUTO

No. 17887.

312 P.2d 1023 (1957)

BLUE RIVER COMPANY, Plaintiff in Error, v. F. S. RIZZUTO, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 5, 1957.

Attorney(s) appearing for the Case

Richard Downing, Jr., Richard M. Schmidt, Jr., Denver, for plaintiff in error.

Robert A. Theobald, Breckenridge, for defendant in error.

DAY, Justice.

The plaintiff in error was one of the defendants in an action brought by Rizzuto to quiet title to three placer claims and other mining property in Summit County, Colorado. The Blue River Company was the only defendant to appear and contest the plaintiff's right to title, all other defendants either permitting judgment to be entered against them by default or filing disclaimers.

Trial below was to the court. There a judgment and decree was entered...

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