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CHAMPLIN PETROLEUM CO. v. LYMAN

No. 15847.

708 P.2d 319 (1985)

103 N.M. 407

CHAMPLIN PETROLEUM COMPANY, A Delaware Corporation and F. Andrew Grooms, Plaintiffs-Appellees, v. Patricia H. LYMAN nee Shafer, Defendant-Appellant, v. ALLSTATE CONSTRUCTION, INC. a New Mexico Corporation, Cross-Defendant-Appellee.

Supreme Court of New Mexico.

October 28, 1985.

Attorney(s) appearing for the Case

Dow, Feezer & Williams, James L. Dow, Carlsbad, for defendant-appellant.

Jennings & Christy, James T. Jennings, Roswell, for plaintiffs-appellees.

OPINION

WALTERS, Justice.

We accepted certification from the Court of Appeals on the question whether caliche is a mineral reserved to the United States under the Stock-Raising Homestead Act of 1916, 39 Stat. 862 (1916) (SRHA), and particularly under 43 U.S.C. § 299 (1982) of that Act. We determine that caliche is such a mineral.

This controversy arose when plaintiff Champlin Petroleum Company (Champlin) commenced road-building and caliche removal...

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