STAR PHOENIX MIN. CO. v. HECLA MIN. CO.

No. 21487.

939 P.2d 542 (1997)

130 Idaho 223

STAR PHOENIX MINING COMPANY, an Idaho corporation, Plaintiff-Respondent-Cross Appellant, v. HECLA MINING COMPANY, Defendant-Appellant-Cross Respondent. HECLA MINING COMPANY, Plaintiff-Appellant-Cross Respondent, v. STAR PHOENIX MINING COMPANY, an Idaho corporation, Defendant-Respondent-Cross Appellant, and Building Maintenance and Supply, Inc., an Idaho Corporation; Dynatec Mining Corporation, a Colorado Corporation; Cominco, Ltd., a Canadian Corporation; State of Idaho, a Sovereign State; Bunker Limited Partnership, an Idaho Corporation; XYZ, Inc., I-X, Whose True Names are Unknown, and John Doe I-X, Whose True Names are Unknown, Defendants. Frank D. DUVAL and Janice E. Duval, husband and wife, Plaintiffs, v. HECLA MINING COMPANY, a Delaware corporation, Defendant.

Supreme Court of Idaho. Boise, April 1996 Term.

Rehearing Denied July 14, 1997.


Attorney(s) appearing for the Case

Evans Keane, L.L.P., Coeur d'Alene; Fred M. Gibler, Kellogg; Lukins & Annis, Edward W. Kok, Coeur d'Alene; Hawley, Troxell, Ennis & Hawley, Boise, for appellants. John F. Kurtz, Jr. argued.

Witherspoon, Kelley, Davenport & Toole, P.S., Coeur d'Alene, and John F. Magnuson, Coeur d'Alene, for respondents. Jeffrey L. Supinger argued.


JOHNSON, Justice.

This is a breach of contract case concerning a mining lease. We conclude that there are no implied terms of the lease that were breached by the lessor. Therefore, we reverse the judgment against the lessor and remand the case to the trial court with directions to enter judgment in favor of the lessor, including attorney fees pursuant to I.C. § 12-120(3). We also conclude that the trial court correctly ruled that some documents sought from the...

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