ALUMET v. BEAR LAKE GRAZING CO.

Nos. 17212, 17219, 17316 and 17655.

812 P.2d 286 (1989)

119 Idaho 979

ALUMET, also known as Alumet Company; Southwire Company; National Steel Corporation (now National Intergroup, Inc.), and Earth Sciences, Inc., the partners of Alumet, Plaintiffs-Appellants-Cross Respondents, v. BEAR LAKE GRAZING COMPANY, Defendant-Respondent-Cross Appellant. BEAR LAKE GRAZING COMPANY, Counterclaimant-Respondent-Cross Appellant, v. NATIONAL STEEL CORPORATION, Earth Sciences, Inc., and Southwire Company, partners doing business under the firm name of Alumet, also known as Alumet Company, Counterdefendants-Appellants-Cross Respondents, and John D. Archer and Elizabeth Archer, husband and wife, Counterdefendants-Appellants-Cross Respondents.

Court of Appeals of Idaho.

Petition for Review Granted November 17, 1989.


Attorney(s) appearing for the Case

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

Curt R. Thomsen (Holden, Kidwell, Hahn & Crapo), Idaho Falls, for counterdefendants-appellants-cross respondents Archer.

Herman J. McDevitt (argued), and Jerry R. Meyers (McDevitt & Meyers), Pocatello, for defendant-respondent-cross appellant.


BURNETT, Judge.

These consolidated appeals arise from a long and bitter dispute over a phosphate mining lease in eastern Idaho. We previously examined the controversy in Alumet v. Bear Lake Grazing Co., 112 Idaho 441, 732 P.2d 679 (Ct.App. 1986) (Alumet I). There, we held that the controlling question was whether the lessee had satisfied an implied covenant to engage in active mining...

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