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ELQUIST v. RASMUSSEN

No. 8864.

381 F.2d 323 (1967)

Clarence A. ELQUIST and Dallan Elquist, Appellants, v. Warren RASMUSSEN, William Thomas and David P. Thomas, Appellees.

United States Court of Appeals Tenth Circuit.

August 3, 1967.

Attorney(s) appearing for the Case

Milton A. Oman, Salt Lake City, Utah (Reed L. Martineau, Salt Lake City, Utah, was with him on the brief), for appellants.

Richard H. Moffat and H. Byron Mock, Salt Lake City, Utah, for appellees.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This is a diversity action between Nevada ranchers and Utah ranchers wherein the plaintiffs sought recovery of damages for the alleged wilful trespass of defendants' cattle upon plaintiffs' patented but unfenced rangelands in Nevada. The District Court for the District of Utah granted summary judgment favorable to defendants, holding, in effect, that under the undisputed facts developed by discovery process a wilful trespass could not...

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