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PHILLIPS PETROLEUM CO. v. ROCK CREEK MINING CO.

No. 24584.

449 F.2d 664 (1971)

PHILLIPS PETROLEUM COMPANY, a corporation, Plaintiff-Appellee, v. ROCK CREEK MINING COMPANY, a corporation, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 24, 1971.

Attorney(s) appearing for the Case

E. Glenn Harmon (argued), Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., Robert P. Dwyer, Wallace, Idaho, for defendants-appellants.

T. H. Eberle (argued), of Eberle, Berlin, Kading, Turnbow & Gillespie, Chartered, Boise, Idaho, for plaintiff-appellee.

Before CHAMBERS and KILKENNY, Circuit Judges, and WILLIAMS, District Judge.

MEMORANDUM OPINION

DAVID W. WILLIAMS, District Judge:

Rock Creek Silver-Lead Company (RCSL) was a closely held corporation which owned 36 lode mining claims in a rich mining district in Idaho. J. H. Christman owned 36% of its shares and Forrest Messer held 33%; thus, between them they held more than 2/3; of all outstanding shares. Each served as an officer and director of the company. When not attending to the affairs...

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