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ECOSYSTEM RES. v. BROADBENT LAND & RES.

No. 05-277.

158 P.3d 685 (2007)

2007 WY 87

ECOSYSTEM RESOURCES, L.C., Appellant (Defendant), v. BROADBENT LAND & RESOURCES, L.L.C., Appellee (Plaintiff).

Supreme Court of Wyoming.

May 23, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Phillip William Lear of Lear & Lear, L.L.P., Salt Lake City, Utah.

Representing Appellee: Clayton B. Thomas, Evanston, Wyoming; M. David Eckersley of Prince, Yeates & Geldzahler, Salt Lake City, Utah. Argument by Mr. Eckersley.

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

KITE, Justice.

[¶ 1] In the early 1900s, Union Pacific Railroad Company (Union Pacific) conveyed real property located in Uinta County to Broadbent Land & Resources, LLC's (Broadbent) predecessors in interest, but reserved and excepted "all timber" on said lands. Nearly one hundred years later, Ecosystem Resources, L.C. (Ecosystem) acquired the timber rights and proceeded to harvest the timber. As surface owner, Broadbent asked the district court to quiet...

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