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ALUMET v. BEAR LAKE GRAZING CO.

Nos. 16066, 16257.

732 P.2d 679 (1986)

112 Idaho 441

ALUMET, a partnership, and John D. Archer and Elizabeth Archer, husband and wife, Plaintiffs-Counterdefendants-Appellants-Cross Respondents, v. BEAR LAKE GRAZING COMPANY, Defendant-Counterclaimant-Respondent-Cross Appellant.

Court of Appeals of Idaho.

Rehearing Denied February 25, 1987.

Attorney(s) appearing for the Case

Curt R. Thomsen (argued) and G. Lance Nalder (Holden, Kidwell, Hahn & Crapo), Idaho Falls, for appellants-cross respondents Archer.

L. Charles Johnson (argued) and Jesse C. Robison (Johnson, Olson, Robinson, Chartered), Pocatello, for appellants-cross respondents Alumet Group.

Herman J. McDevitt (argued) and Daniel P. McKernan (McDevitt, McDevitt & Meyers), Pocatello, for respondent-cross appellant Bear Lake Grazing Company.

WALTERS, Chief Judge.

This is a consolidation of two appeals in an action involving the parties to a mining lease.1 The action began when Alumet sought a declaratory judgment recognizing its right to mine phosphate ore in Caribou County, Idaho, under a mineral lease between Alumet, the lessee, and Bear Lake Grazing Company, as lessor.2 As part of the lease agreement, the lessee was to pay the lessor royalties...

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