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SUNSHINE MIN. CO. v. METROPOLITAN MINES

No. 15653.

726 P.2d 766 (1986)

111 Idaho 654

SUNSHINE MINING COMPANY, formerly a Washington corporation and now a Delaware corporation, Plaintiff-Appellant, v. METROPOLITAN MINES CORP., LIMITED, an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho.

September 25, 1986.

Attorney(s) appearing for the Case

John S. Simko, Boise, James P. Keane, and Fred M. Gibler, of Evans, Keane, Koontz, Boyd & Ripley, Kellogg, for plaintiff-appellant.

Eugene L. Miller, of Miller & Miller, Coeur d'Alene, Donald R. Kunz, of Kunz & Waugh, Phoenix, Arizona, for defendant-respondent.

DONALDSON, Chief Justice.

Sunshine Mining Company (Sunshine) and Metropolitan Mines Corporation (Metropolitan) own contiguous mining claims in the Coeur d'Alene Mining District in Shoshone County, Idaho. In the 1940s, Sunshine and Metropolitan entered into a total of three agreements. The first agreement—the 1941 Agreement—granted Sunshine a right-of-way through Metropolitan's property to explore, develop and mine any veins within Metropolitan's ground...

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