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SILVER SURPRIZE v. SUNSHINE MINING

No. 44246.

88 Wn.2d 64 (1977)

558 P.2d 186

SILVER SURPRIZE, INC., Respondent, v. SUNSHINE MINING COMPANY, Appellant.

The Supreme Court of Washington, En Banc.

January 6, 1977.

Attorney(s) appearing for the Case

Winston, Cashatt, Repsold, McNichols, Connelly & Driscoll, by Leo J. Driscoll, for appellant.

Witherspoon, Kelley, Davenport & Toole, by John L. Neff, for respondent.

BRACHTENBACH, J.

By a divided decision, the Court of Appeals reversed a trial court judgment in favor of the defendant. The Court of Appeals remanded for a determination of damages. Defendant appeals the reversal and plaintiff seeks review of the remand. Silver Surprize, Inc. v. Sunshine Mining Co., 15 Wn.App. 1, 547 P.2d 1240 (1976). We affirm the Court of Appeals.

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