My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
GENERAL33431
DRMS
>
Back File Migration
>
General Documents
>
GENERAL33431
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/24/2016 7:55:25 PM
Creation date
11/23/2007 7:37:54 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002003
IBM Index Class Name
General Documents
Doc Date
1/17/2002
From
TOPAZ MOUNTAIN GEM MINE
To
DMG
Media Type
D
Archive
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
11
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />at this time. <br />1. The unpatented placer mining claims of the <br />defendants, known as the Rubeck Placer, the <br />Rubeck Placer N2 and the Little Gem Placer, <br />are declared valid as against any right, title <br />or interest claimed by the plaintiff, and are <br />declared senior in priority to any of the <br />plaintiff's claims. <br />2. The preliminary injunction entered against the <br />defendants is revoked and cancelled. <br />3. The preliminary injunction to which plaintiff <br />willingly submitted is also revoked and cancelled. <br />In cancelling this injunction, the Court is pre- <br />suming that it is not necessary to enjoin plain- <br />tiff from doing that which is prohibited by <br />operation of law, or that which is prohibited <br />as a natural result of this Order. <br />4. The Court specifically notes that it makes no <br />findings at this time with regard to plaintiff's <br />Pilot ~2 Quartz. <br />Other issues raised by defendants in their Motion for Judgment, <br />including the questions of costs and damages, are left'to be <br />considered on another day, when the parties haue been provided <br />an opportunity to address these issues more fully in light of <br />the Court's adoption of the Master's findings. <br />In adopting the Master`s findings, the Court has been <br />guided by the general principles of law which govern the Court <br />in'considering reports submitted by masters. Rule 53(e)(2), <br />C.R.C.P. This Court is bound to accept the master's findings <br />of fact unless they are found to be clearly erroneous. Carlson <br />v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972). Where issues <br />are submitted to a master, the function of the trial court be- <br />comes the same as that of an appellate court, and findings of <br />the master may be overturned only if they are clearly unsup- <br />ported by the evidence in the record. Gelfond v. District Court <br />180 Colo. 95, 504 P.2d 673 (1972); Sunshine v. Sunshine, 30 <br />Colo.App. 67, 488 P.2d 1131 (1971). <br />The Court has reviewed the testimony and evidence which <br />was presented to the Master, and finds that there is ample <br />support in the record for the findings which were made and en- <br />tered. Plaintiff's Brief in Support of Exceptions generally <br />seems to complain that the Master chose to rely upon the testi- <br />mony of experts summoned by defendants, and not upon the testimo <br />of experts called to testify by plaintiff. Even if this Court <br />- 2 - <br />
The URL can be used to link to this page
Your browser does not support the video tag.