Deanel Chism and Perry H. Thompson v. Ted R. Price

TRASK, Circuit Judge:

This is a direct appeal from an order granting the defendants-appellees’ motion for summary judgment pursuant to Fed.R.Civ.P. 56(c). The order as drawn provides that “the complaint of the plaintiffs ... be and the same is hereby dismissed.” C.R. 959-60. However, neither the appellants nor the ap-pellees have questioned but that the action itself was dismissed. The appellants treated it as a final judgment and so described it in their notice of appeal and both parties have addressed them selves to the merits on this appeal. We do likewise and affirm the action of the…