Allen's Products Company v. Glover

*11CROCKETT, Justice:

Plaintiff, an operator of drive-in restaurants in Utah County known as Hi-Spot Drive-Inns, seeks injunctive relief and damages for alleged unfair competition against defendant Gene Glover for copying and using the design of plaintiffs drive-ins in Glover’s restaurant at 7200 South State in Midvale, Utah. Upon the basis of the facts . developed at pre-trial, the District Court granted the defendant’s motion for summary judgment. Plaintiff appeals.

We first' direct attention to the plaintiff’s attack upon the judgment because of alleged impropriety in that a sec■ond judge…