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SEARS v. SUMMIT, INC.

No. 5293.

616 P.2d 765 (1980)

Bill SEARS, Appellant (Defendant), Jean Sears (Defendant), v. SUMMIT, INC., a South Dakota corporation registered and authorized to do business in Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 27, 1980.

Attorney(s) appearing for the Case

Thomas D. Roberts, Morgan & Brorby, Gillette, for appellant.

Edward S. Halsey, Newcastle, Gary D. Jensen, and Horace R. Jackson, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, S.D., for appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

McCLINTOCK, Justice.

The questions presented by this appeal concern the respective rights of a landowner and a construction company who were both found to have committed acts of trespass against the other. Summit brought suit against Bill and Jean Sears seeking actual and exemplary damages for the unlawful detention of its heavy road-construction equipment and vehicles. By answer and counterclaim, Bill and Jean Sears demanded actual and exemplary damages for Summit...

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