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SUNRAY MID-CONTINENT OIL COMPANY v. STATE

No. 19888.

368 P.2d 563 (1961)

SUNRAY MID-CONTINENT OIL COMPANY, a Delaware Corporation, and the British-American Oil Producing Company, a Delaware Corporation, Plaintiffs in Error, v. The STATE of Colorado, the State Board of Agriculture, and A. M. Ramsey, R. Kelley Jackson and A. S. Willburn, as members of and constituting the State Board of Land Commissioners, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 19, 1962.

Attorney(s) appearing for the Case

Tippit & Haskell, John R. Evans, Denver, for plaintiff in error, Sunray Mid-Continent Oil Co.

Moran, Reidy & Voorhees, John R. Moran, Jr., Denver, for plaintiff in error, British-American Oil Producing Co.

Norbert E. Proctor, Jr., Denver, of counsel, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Clifton A. Flowers, Asst. Atty. Gen., for defendants in error.

MOORE, Justice.

We will refer to plaintiffs in error as the leaseholders or by name. Defendants in error will be referred to as plaintiffs in those instances where all of them are included in the reference, and as Board of Agriculture or Land Commissioners where the reference is to only one of said agencies.

There were no controverted issues of fact presented in the trial court. They are all admitted and raise a single...

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