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IN RE RANND RESOURCES, INC.

Bankruptcy No. BKS-94-23789-LBR. No. CV-S-94-797-PMP (RJJ).

175 B.R. 393 (1994)

In re RANND RESOURCES, INC., Debtor. RANND RESOURCES, INC., Plaintiff, v. Joseph VON HARTEN and Carolyn Von Harten, Joe Munkhoff, Manhattan West Ltd., a Nevada limited liability company, and Aguila Mining, Inc., an Alaska corporation, Defendants.

United States District Court, D. Nevada.

December 1, 1994.

Attorney(s) appearing for the Case

Lynn G. Foster, Brett L. Foster, Foster & Foster, Salt Lake City, UT, for plaintiff.

John A. Snow, Jeppson & Lee, Reno, NV, for Manhattan West, and Aguila Min.

Michael F. Mackedon, Mackedon & McCormick, Fallon, NV, for Von Hartens and Munkhoff.

ORDER

PRO, District Judge.

I. FACTUAL BACKGROUND

According to the facts as set forth in its Amended Complaint (# 15), Plaintiff Rannd Resources, Inc. ("Rannd") is a Washington corporation which was formed in 1991 to engage in mining activities. In late 1991, Rannd discovered certain mining claims in Nye County, Nevada (hereinafter the "Leased Properties"), which it believed held valuable gold mineral deposits. In January 1991...

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