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FLYING DIAMOND v. RUST

No. 14338.

551 P.2d 509 (1976)

FLYING DIAMOND CORPORATION, Plaintiff and Appellant, v. Anthon RUST, Defendant and Respondent, Utah Mining Association, Amicus Curiae.

Supreme Court of Utah.

June 17, 1976.

Attorney(s) appearing for the Case

Gayle F. McKeachnie, McKeachnie & Seager, Vernal, for plaintiff and appellant.

Robert C. Cummings and Gordon A. Madsen, Madsen, Cummings & Harris, Salt Lake City, for defendant and respondent.

Keith E. Taylor, James B. Lee and J. Brent Garfield, Parsons, Behle & Latimer, Salt Lake City, for amicus curiae.

CROCKETT, Justice:

Plaintiff, the Flying Diamond Corporation, lessee of oil and gas rights on the property of the defendants, Anthon and Ona Rust, sued to restrain them from interfering with the plaintiff's oil drilling operation. Defendants counterclaimed for damage to their land. Following a plenary trial, the court refused to grant the plaintiff's request for an injunction and awarded defendants $16,542 on their counterclaim...

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