RICHARDSON v. HOMESTAKE MINING COMPANY

No. 7244.

322 F.2d 329 (1963)

Frank RICHARDSON et al., Appellants, v. HOMESTAKE MINING COMPANY, a California corporation, Appellee.

United States Court of Appeals Tenth Circuit.

September 3, 1963.


Attorney(s) appearing for the Case

William G. Waldeck, Montrose, Colo. (Petrie, Waldeck & King, Montrose, Colo., D. A. Frandsen, and Frandsen & Keller, Price, Utah, were with him on the brief), for appellants.

Leonard J. Lewis, Salt Lake City, Utah (Van Cott, Bagley, Cornwall & McCarthy, Dennis McCarthy, C. Keith Rooker, Salt Lake City, Utah, Brobeck, Phleger & Harrison, Alvin J. Rockwell, John M. Naff, Jr., San Francisco, Cal., Kellar, Kellar & Driscoll, and Kenneth C. Kellar, Lead, S. D., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BRATTON and HILL, Circuit Judges.


BRATTON, Circuit Judge.

Frank R. Richardson and others instituted this action against Homestake Mining Company, a corporation, and the determinative issue between the parties was the basis upon which the defendant was obligated to pay royalty to the plaintiffs under a lease covering certain unpatented mining claims located in San Juan County, Utah. The lease provided for payment of a royalty of fifteen per cent of the gross value of the ores, minerals and metals extracted...

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