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DYE v. MILLER & VIELE

No. 15475.

587 P.2d 139 (1978)

Richard Gerald DYE, aka R. Gerald Dye, and Gas Producing Enterprises, Inc., a corporation, Plaintiffs and Respondents, v. MILLER & VIELE, a corporation, Lee Charles Miller, Lesley F. Lewis, and Chevron Oil Company, a corporation, Defendants and Appellants.

Supreme Court of Utah.

November 9, 1978.

Attorney(s) appearing for the Case

Macoy A. McMurray, Robert J. Dale, Salt Lake City, for defendant and appellant.

Leonard J. Lewis, Robert G. Pruitt, Jr., Phillip Wm. Lear, Salt Lake City, for plaintiffs-respondents.

HALL, Justice:

Defendant ("Miller & Viele") appeals from that portion of a summary judgment quieting title in plaintiff ("Dye") to an undivided one-half interest in all of the minerals1 in the NW 1/4 NW 1/4, Section 29, T1S, R1W, U.S.B.M., situated in Duchesne County, Utah.

Dye and Miller & Viele each moved for summary judgment on undisputed facts abstracted as follows: The 40-acre parcel in question was the subject of...

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