Clarence A. Elquist and Dallan Elquist v. Warren Rasmussen, William Thomas and David P. Thomas

DAVID T. LEWIS, Circuit Judge.

This is a diversity action between Nevada ranchers and Utah ranchers wherein the plaintiffs sought recovery of damages for the alleged wilful trespass of defendants’ cattle upon plaintiffs’ patented but unfenced rangelands in Nevada. The District Court for the District of Utah granted summary judgment favorable to defendants, holding, in effect, that under the undisputed facts developed by discovery process a wilful trespass could not be proved and that under Nevada law no liability exists for the simple trespass of stock wandering from the public domain upon…