Mountain Fuel Supply Company, a Utah Corporation v. Emory C. Smith and Verland E. Smith

SETH, Circuit Judge.

This is an action by mineral lessees to enjoin the defendants, who are surface owners of land, from interfering with plaintiffs’ use of a road on defendants’ tract for hauling oil from producing wells on adjoining lands.

The defendants moved for summary judgment which was granted. The trial court signed on December 20th a judgment which dismissed the action and enjoined plaintiffs from entering defendants’ lands. Some days later, on January 3d, the court signed another judgment which granted defendants’ motion for judgment on the pleadings “. . .on the ground that the Court…