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MILLER LAND & MINERAL CO. v. HIGHWAY COM'N

No. 87-288.

757 P.2d 1001 (1988)

MILLER LAND & MINERAL COMPANY, a Wyoming corporation, Appellant (Plaintiff), v. STATE HIGHWAY COMMISSION OF WYOMING, Wyoming Highway Department, State of Wyoming, and Robert L. Mitchell and Jane G. Mitchell, husband and wife, Appellees (Defendants).

Supreme Court of Wyoming.

July 14, 1988.

Attorney(s) appearing for the Case

William L. Miller of Hursh, Miller & Fasse, P.C., Riverton, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Lawrence A. Bobbitt, III, Sr. Asst. Atty. Gen., for appellees State Highway Com'n of Wyoming, Wyoming Highway Dept., and State of Wyo.

M.L. Barton of Hill, Young & Barton, Riverton, for appellees Robert L. Mitchell and Jane G. Mitchell.

Before BROWN, C.J., THOMAS, CARDINE and MACY, JJ., and ROONEY, Ret. J.

MACY, Justice.

This is an appeal from a summary judgment granting appellees Robert L. Mitchell and Jane G. Mitchell title to the gravel in, on, or under the surface of their lands on the basis of the finding that gravel is not a mineral.

We affirm.

Appellant Miller Land & Mineral Company raises the following issues:

"A. Whether the District Court erred in holding that gravel was not included in the mineral reservation in the deed which...

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