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THAR v. EDWIN N. MORAN REVOCABLE TRUST

No. 94-234.

905 P.2d 413 (1995)

Gary THAR and Greg Lindbloom, Appellants (Defendants), and Francis Thar and Elvira Thar, Appellants (Intervenors), v. EDWIN N. MORAN REVOCABLE TRUST and Ted Gassin, Appellees (Plaintiffs).

Supreme Court of Wyoming.

Rehearing Denied November 21, 1995.

Attorney(s) appearing for the Case

John M. Daly of Daly & Anderson, P.C., Gillette, for Appellants.

Robert W. Brown of Lonabaugh and Riggs, Sheridan, for Appellees.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

TAYLOR, Justice.

We are asked to determine whether, in Wyoming, a commercial easement in gross is freely assignable. Declining the request to answer so broad a question, we affirm the decision of the district court on other grounds.

I. ISSUES

Appellants state the issues on appeal:

1. Is a commercial easement in gross an assignable easement? 2. Is the grantee of an easement in gross judicially estopped to deny its assignability...

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