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MESABI IRON COMPANY v. RESERVE MINING COMPANY

Nos. 16250, 16251.

270 F.2d 567 (1959)

MESABI IRON COMPANY, a Delaware Corporation, Appellant, v. RESERVE MINING COMPANY, a Minnesota Corporation, Appellee, (two cases).

United States Court of Appeals Eighth Circuit.

October 7, 1959.

Attorney(s) appearing for the Case

Ray G. Palmer, Duluth, Minn., and Jesse Climenko, New York City (Palmer, Hood, Crassweller & McCarthy, Duluth, Minn., and Gallop, Climenko & Gould, New York City, on the brief), for appellant.

J. E. Montague, Jr., and Walter J. Milde, Cleveland, Ohio (Dancer, Montague, Applequist, Lyons, Nolan & Nordine, Duluth, Minn., and Jones, Day, Cockley & Reavis, Cleveland, Ohio, on the brief), for appellee.

Before GARDNER and VOGEL, Circuit Judges, and MICKELSON, District Judge.

GARDNER, Circuit Judge.

This was an equitable action brought by appellee Reserve Mining Company which in effect sought specific performance of certain provisions of mining leases. One of these leases was executed by appellant Mesabi Iron Company to the appellee while the other lease was originally executed by one Peters to the Mesabi Iron Company and by Mesabi Iron Company assigned to appellee Reserve Mining Company. Mesabi Iron Company is a Delaware corporation authorized...

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