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SILVER SYNDICATE, INC. v. SUNSHINE MIN. CO.

Nos. 12277, 12306.

611 P.2d 1011 (1979)

101 Idaho 226

SILVER SYNDICATE, INC., an Idaho Corporation, Plaintiff-Respondent, v. SUNSHINE MINING COMPANY, a Washington Corporation, Hecla Mining Company, a Washington Corporation (successor to or assignee of Polaris Mining Company, a Delaware Corporation), Silver Dollar Mining Company, an Idaho Corporation, Defendants-Appellants.

Supreme Court of Idaho.

October 2, 1979.

Attorney(s) appearing for the Case

John S. Simko, of Elam, Burke, Jeppesen, Evans & Boyd, Boise, and Piatt Hull, of Hull & Hull, Wallace, for defendant-appellant Sunshine Min. Co.

James P. Keane, of Brown, Peacock, Keane & Boyd, Kellogg, for defendants-appellants Hecla Min. Co. and Silver Dollar Min. Co.

Robert W. Mullen, Wallace, for defendant-appellant Hecla Min. Co.

Robert L. Magnuson, of Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for defendant-appellant Silver Dollar Min. Co.

Donald R. Kunz, of Kunz & Waigh Ltd., Phoenix, Ariz., and E.L. Miller, of Miller & Knudson, Coeur d'Alene, for plaintiff-respondent Silver Syndicate, Inc.

SHEPARD, Justice.

This is an appeal from a judgment in favor of plaintiff-respondent Silver Syndicate in an action by it seeking a declaratory judgment as to the interpretation of certain contracts entered into in the 1940's, and further for a decree quieting title to certain underground ores and/or the profits resulting from the mining of said ores. We affirm.

Sunshine Mining Company owns a group of mining claims located in the westerly end of what is known...

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