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MOUNTAIN CEMENT CO. v. JOHNSON

No. 93-227.

884 P.2d 30 (1994)

MOUNTAIN CEMENT COMPANY, a Wyoming Joint Venture or Partnership, Appellant (Defendant), v. Millard C. JOHNSON and Deanna J. Johnson, Appellees (Plaintiffs).

Supreme Court of Wyoming.

Rehearing Denied November 22, 1994.

Attorney(s) appearing for the Case

Philip A. Nicholas and Stephen N. Goodrich, Nicholas Law Offices, Laramie, for appellant.

Cary R. Alburn, III, Laramie, for appellees.

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

GOLDEN, Chief Justice.

Appellant Mountain Cement Company appeals from a partial summary judgment which terminated an easement across land belonging to Appellees Millard C. Johnson and Deanna J. Johnson.

We reverse the partial summary judgment to appellees and remand for further proceedings consistent with this opinion.

Mountain Cement presents this issue:

Partial Summary Judgment for appellees was improper because: (1) if the December...

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