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FRESTON v. GULF OIL CO. — U.S.

No. 14799.

565 P.2d 787 (1977)

Ethelene M. FRESTON and J. Dorrant Freston, Plaintiffs and Appellants, v. GULF OIL COMPANY — U.S., Defendant and Respondent.

Supreme Court of Utah.

June 9, 1977.

Attorney(s) appearing for the Case

C. DeMont Judd, Judd, Handy & Sampson, Ogden, for plaintiffs and appellants.

Alan A. Enke, of Ray, Quinney & Nebeker, Salt Lake City, Edwin S. Hurst, Tulsa, Okl., for defendant and respondent.

HALL, Justice:

Appeal from a partial summary judgment in favor of defendant on the issue of its right to recoup royalty overpayments. The order of the trial court dated August 23, 1976, specifically reserved for trial all remaining issues, providing they be set forth in particularity, and that a notice of readiness be filed within 30 days.1

The plaintiffs' action was commenced to recover payment under an oil and gas lease or, in...

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