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KOGAN v. SILVER KING MINES, INC.

No. 21164.

833 P.2d 1141 (1992)

Mary Ellen KOGAN, as Administratrix of the Estate of Claude A. Gardner, aka C.A. Gardner and Claudius Alonzo Gardner, Deceased, Appellant/Cross-Respondent, v. SILVER KING MINES, INC., a Nevada corporation; Nerco Minerals Company, an Oregon corporation; and Zander Mining, Inc., a Washington corporation, doing business in Nevada as Agnew Enterprises, Respondents/Cross-Appellants.

Supreme Court of Nevada.

July 10, 1992.

Attorney(s) appearing for the Case

Matthews & Wines, Elko, and Jack M. Merritts, Englewood, Colo., for Appellant/Cross-Respondent.

Nathan M. Jenkins, Reno, for Silver King Mines, Inc. and Zander Mining, Inc.

Hill, Cassas & deLipkau, Reno, for Nerco Minerals Company.

OPINION

PER CURIAM:

In 1959, Claude A. Gardner located a group of lode mining claims in the Taylor Mining District, White Pine County, Nevada, known as Mineral Farm 5, Star 3, Silver King 1, Silver King 2, Silver King 3, and Silver King 4 ("the Gardner Claims"). On January 6, 1961, Gardner executed a five-year lease-sale agreement ("1961 Agreement") with Durham Peanut Company covering the Gardner Claims. Gardner died intestate on September 6, 1961, and his...

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