HOMESTAKE MINING CO. v. MID-CONTINENT EXPLORATION CO.

Nos. 6203, 6244-6247.

282 F.2d 787 (1960)

HOMESTAKE MINING COMPANY and Homestake-New Mexico Partners, Appellants, v. MID-CONTINENT EXPLORATION COMPANY, Appellee. RIO DE ORO URANIUM MINES, INC., Appellant, v. HOMESTAKE MINING COMPANY, Appellee. J. H. WHITNEY & CO., White, Weld & Co., and San Jacinto Petroleum Corp., Appellants, v. HOMESTAKE MINING COMPANY, Appellee. UNITED WESTERN MINERALS COMPANY, Appellant, v. RIO DE ORO URANIUM MINES, INC., J. H. Whitney & Co., White, Weld & Co., San Jacinto Petroleum Corp., Clyde Osborn, and Homestake Mining Company, Appellees. HOMESTAKE MINING COMPANY, Appellant, v. RIO DE ORO URANIUM MINES, INC., United Western Minerals Company, J. H. Whitney & Co., White, Weld & Co., San Jacinto Petroleum Corp., and Clyde Osborn, Appellees.

United States Court of Appeals Tenth Circuit.

September 7, 1960.


Attorney(s) appearing for the Case

Harry L. Bigbee, Santa Fe, N. M. (Donnan Stephenson, Harl D. Byrd, Santiago E. Campos, Santa Fe, N. M., Kenneth C. Kellar, Robert E. Driscoll, Jr., Lead, S. D., Herman Phleger and Alvin J. Rockwell, San Francisco, Cal., were with him on the brief), for Homestake Mining Co. and Homestake-New Mexico Partners.

Chester C. Davis, New York City (Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., Simpson, Thacher & Bartlett, New York City, and J. R. Modrall, Albuquerque, N. M., Richard Hawkins, Maxwell E. Cox and Rogers M. Doering, New York City, of counsel, were with him on the brief), for Mid-Continent Exploration Co.

Chester C. Davis, New York City (Iden & Johnson, Albuquerque, N. M., and Simpson, Thacher & Bartlett, New York City, and James T. Paulantis, Albuquerque, N. M., Richard Hawkins, Maxwell E. Cox and Rogers M. Doering, New York City, of counsel, were with him on the brief), for Rio De Oro Uranium Mines, Inc.

Robert G. Zeller, New York City (C. Kenneth Clark, Jr., New York City, was with him on the brief), for J. H. Whitney & Co., White, Weld & Co., and San Jacinto Petroleum Corp.

John D. Robb, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., were with him on the brief), for United Western Minerals Co.

No appearance for Clyde Osborn.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

These consolidated appeals present a variety of issues dealing with the respective rights of the parties in the mining and milling of uranium ore in the Ambrosia Lake region of New Mexico.

Mid-Continent Exploration Company, the lessee of an area herein referred to as Section 11, entered into an agreement with Dunn Brothers for the operation of the leases by Dunn Brothers. Rio de Oro Uranium Mines, herein referred to as Rio, succeeded...

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