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BENTON v. DIV. OF STATE LANDS & FORESTRY

No. 18914.

709 P.2d 362 (1985)

Floyd E. BENTON and Professional United Development, a dissolved Utah corporation, Plaintiffs and Appellants, v. STATE of Utah, DIVISION OF STATE LANDS AND FORESTRY, DEPARTMENT OF NATURAL RESOURCES, William K. Dinehart, Director, and Donald B. Prince, Assistant Director, Defendants and Respondents, v. PORTLAND CEMENT COMPANY OF UTAH, a Utah corporation, Defendant in Intervention and Respondent. PROFESSIONAL UNITED DEVELOPMENT, a dissolved Utah corporation, Plaintiff and Appellant, v. PORTLAND CEMENT COMPANY OF UTAH, a Utah corporation, Defendant and Respondent.

Supreme Court of Utah.

October 30, 1985.

Attorney(s) appearing for the Case

Ronald C. Barker, Salt Lake City, for plaintiffs and appellants.

Michael M. Quealy, Dallin Jensen and Anne Stirba, Assistant Attys. Gen., Salt Lake City, for State.

Glen E. Fuller and Orval Harrison, Salt Lake City, for Portland Cement.

DURHAM, Justice:

Floyd E. Benton and Professional United Development ("the plaintiffs") appeal from a summary judgment in these consolidated actions. This appeal involves mineral leases issued by the State of Utah on a single tract of property: lots five and six of section eighteen, township one south, range two east, Salt Lake meridian (hereinafter "lots five and six"). In 1970, one lease was given to Professional United Development, in 1981, another was given to...

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