United States v. Michael Dunn (Aka Mike Dunn)

KOELSCH, Circuit Judge.

This matter involves a dispute between the government and a group of persons, defendants, below, who are asserting an easement for a road across public lands.1 It is here on defendant’s appeal from partial summary judgment holding defendants trespassers and the government entitled to immediate possession of the government lands over which defendants were constructing portions of the road at the time this suit was commenced.

We conclude the judgment cannot stand. Summary judgment may not be entered unless, in the language of Rule 56(c) Fed.R.Civ.P., “. . . the pleadings,…