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LAGUNA DEVELOPMENT CO. v. McALESTER FUEL CO.

No. 11339.

572 P.2d 1252 (1977)

91 N.M. 244

LAGUNA DEVELOPMENT COMPANY, a corporation, Plaintiff-Appellant, v. McALESTER FUEL COMPANY, a corporation, and Herbert J. Miller, Defendants-Appellees.

Supreme Court of New Mexico.

December 16, 1977.

Attorney(s) appearing for the Case

John W. Shaver, Deming, for appellant.

J. Wayne Woodbury, Silver City, for appellees.

OPINION

FEDERICI, Justice.

This declaratory judgment action was brought in the District Court of Grant County to determine the ownership of an undivided interest in certain unpatented lode mining claims in the Burro Mountain Mining District of Grant County, New Mexico. The facts upon which the case was heard below were stipulated, and may be summarized as follows.

Prior to and on December 9, 1974, defendants McAlester Fuel Company and Miller

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