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DISTRICT COURT, COUNTY OF PARK, STATE OF Civil Action No. B1CV143 ------------------------------------- FOR CLIENT'S& ~o INFORMATIO ILES ~ - .,,,OCTAL F ORDER ADOPTING THE REPORT AND FINDINGS OF THE MASTER MARGUERITE GILMORE, Plaintiff, vs. WALTER M. RUBECK, GEORGIA J. RUBECK, JOE STRAZISCAR and ROSE M. STRAZISCAR, Defendants. The issues in this case ,were referred by this Court to a Master pursuant to the provisions of C.R.C.P. Rule 53, and the parties on both sides of the lawsuit agreed to the appoint- ment of Robert P. Rush, a Salida attorney with some background in mining law. As Master, Mr. Rush conducted proceedings in the nature of a trial on February 23, 1983, at which time both sides presented evidence, cross-examined witnesses and argued their respective positions. Following the trial, the Master prepared written findings and conclusions, and answered the questions presented to him in a manner favorable to the defen- dants. This Court provided the attorneys with the opportunity to present written objections to the Master's report, and counsel for plaintiff submitted to the Court his "Exceptions to Find- ings of the Master and for Further Referral." The matter came on for hearing on July 12, 1983, at which time the Court denied to plaintiff the opportunity to present further testimony. The Court heard arguments from counsel, took the matter under advisement and now Orders that the Findings of the Master be adopted by this Court without modification or amendment. The Court declines at this time to enter judgment for de- fendants to the extent requested by defendants in their Motion for Judgment and their motion for costs. In light of the fact that certain conclusions follow necessarily from the adoption of the Master's Findings, the Court enters the following Order