Dutton v. Rocky Mountain Phosphates

DISTRICT JUDGE PAUL G. HATFIELD

delivered the Opinion of the Court.

These appeals, No. 11205 with regard to the damage feature, and No. 11214 with regard to the injunction feature, were appealed separately with separate briefs and partially separate transcripts. This opinion will determine them together as the facts apply to both appeals.

In the Court below, No. 16469, David Dutton, et al. v. Rocky Mountain Phosphates, Inc., was filed in the District Court of Powell County in February 1964. Also, cause No. 16470 was filed by Edward Mollenberg and his wife against the same defendant in Powell…