BOGUE, Senior District Judge.
Defendant's motion for summary judgment with respect to 1989-1991 royalty payments has been briefed by the parties and is ready for decision. After a careful review of the entire file in this matter, as well as applicable law, this Court concludes that the motion must be denied.
At the heart of defendant's motion is a provision in the mining agreement executed by the parties which purports to deem amounts paid by defendant as...
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