MORGAN v. UTAH BOARD OF STATE LANDS

No. 11219.

445 P.2d 776 (1968)

21 Utah 2d 364

John H. MORGAN, Jr., Justheim Petroleum Company, and J.H. Morgan, Sr., Plaintiffs and Respondents, v. UTAH BOARD OF STATE LANDS, Charles R. Hansen, Cecil Thompson, Donald Schowalter, M.V. Hatch, Harold Reese, Whitney J. Floyd, Phillip Christensen and T.H. Bell, Defendants and Appellants.

Supreme Court of Utah.

October 10, 1968.


Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Dallin W. Jensen, Richard L. Dewsnup, Asst. Attys. Gen., Salt Lake City, for appellants.

Frank J. Allen, Brigham E. Roberts, Salt Lake City, for respondents.


TUCKETT, Justice.

The plaintiffs commenced this action to enjoin the defendants from issuing to a third party an oil and gas lease covering lands which were already subject to a lease running in favor of the plaintiffs and covering the oil contained in the bituminous sands found on said lands. We are here concerned chiefly with the issue as to whether or not the oil recoverable under the bituminous sand lease is the same mineral as that recoverable under an oil and...

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