NL INDUSTRIES, INC.; and the 25 Corporation, Inc., Appellants,
v.
EISENMAN CHEMICAL COMPANY; and Marvel-Jenkins Ranches, a copartnership composed of Louise M. Marvel, the Estate of Ernest R. Marvel, Richard T. Marvel, Mary (aka Mary O.) Marvel, Thomas J. Marvel, Rosita (aka Rosita P.) Marvel, John W. Marvel and Wilburta Marvel, Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
June 3, 1982.
Rehearing Denied August 17, 1982.
Attorney(s) appearing for the Case
Hill, Cassas, deLipkau & Erwin, Reno, Marshall, Bratter, Greene, Allison & Tucker and Richard L. Bond, New York City, for appellant NL Industries, Inc.
C.E. Horton, Ely, Davis, Graham & Stubbs and Neil Peck, Denver, Colo., for appellant The 25 Corp., Inc.
Hoy & Miller, Chartered, Elko, Van Cott, Bagley, Cornwall & McCarthy and E. Scott Savage, Salt Lake City, Utah, for respondent Eisenman Chemical Co.
John E. Marvel, Elko, F. Alan Fletcher, Salt Lake City, Utah, for respondent Marvel-Jenkins Ranches.
Evans, Kitchel & Jenckes, Phoenix, Ariz., Smith & Gamble, Carson City, for amici curiae Phelps Dodge Corp., ASARCO, Inc., Sunshine Mining Co., Milchem, Inc., Noranda Exploration, Inc. and Genstar Cement and Lime Co.
Durney, Guinan & Brennan, Reno, for amicus curiae Dresser Industries, Inc.
Vargas & Bartlett and Robert W. Marshall, Reno, for amicus curiae Duval Corp.
Ross P. Eardley, Elko, for amici curiae Bullion Monarch Co., and Metals Inc.
Charles M. McGee, Reno, for amicus curiae Western Gas, Oil & Mining, Ltd.
Supreme Court of Nevada.
OPINION
MANOUKIAN, Justice:
Appellants NL Industries and The 25 Corporation,1 appeal from a district court order granting respondent Eisenman Chemical Company exclusive and immediate occupancy of a portion of disputed mining property near Carlin, Nevada. The order grants respondent Eisenman the right to extract and sell barite ore from the property and to use its surface areas to complete extraction from a nearly exhausted claim...
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