Gypsum Aggregates Corp. v. Lionelle

Opinion by

Mr. Chief Justice McWilliams.

Gypsum Aggregates Corporation, a Colorado corporation hereinafter referred to as the plaintiff, filed a complaint under R.C.P. Colo. 105 wherein it sought a determination of the geologic nature of a designated mineral deposit and a further determination as to whether the deposit in question was subject to location as a placer mining claim or a lode mining claim under the applicable mining laws of the State of Colorado and the United States. Named as defendants in this proceeding were one Joseph H. Lionelle, hereinafter referred to as the defendant, and…