MOUNTAIN FUEL SUPPLY COMPANY v. SMITH

No. 72-1149.

471 F.2d 594 (1973)

MOUNTAIN FUEL SUPPLY COMPANY, a Utah corporation, et al., Appellants, v. Emory C. SMITH and Verland E. Smith, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1973.


Attorney(s) appearing for the Case

Brent J. Giauque (Glen M. Hatch, of Crawford, Hatch, Kirsch, Mollinet & Bates, and Leonard J. Lewis, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, with him on the brief), for appellants.

Glen E. Fuller, Salt Lake City, Utah (Orval C. Harrison, Salt Lake City, Utah, with him on the brief), for appellees.

Before HILL, SETH and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

This is an action by mineral lessees to enjoin the defendants, who are surface owners of land, from interfering with plaintiffs' use of a road on defendants' tract for hauling oil from producing wells on adjoining lands.

The defendants moved for summary judgment which was granted. The trial court signed on December 20th a judgment which dismissed the action and enjoined plaintiffs from entering defendants' lands. Some days later, on January...

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