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GIBSON v. PACIFIC SUMMA CAPITAL, INC.

(96-0580-L 2; CA A104787)

987 P.2d 1240 (1999)

163 Or. App. 321

Ron GIBSON and Shon Gibson, Appellants, v. PACIFIC SUMMA CAPITAL, INC., aka Pacific Summa Capital Corp., nka Pacific Summa Environmental; Bristol Silica and Limestone of Rogue River, aka Rogue River Minerals, Inc.; Edward J. Young; James T. Stanley; Robert R. Johnson; Oregon Silica Industries, Inc.; Arthur Bariahtia; John Di Carlo; Michael Di Carlo; Vincent Di Carlo; Raymond V. Ramano, whose true name is Raymond V. Romano; Anna Barbara Benkert, Defendants, and Northwest Basic Industries, Inc., Respondent.

Court of Appeals of Oregon.

Decided October 13, 1999.

Attorney(s) appearing for the Case

John R. Huttl, Medford, argued the cause and filed the briefs for appellants.

James R. Dole, Grants Pass, argued the cause for respondent. With him on the brief was Schultz, Salisbury, Cauble & Dole.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

Plaintiffs appeal from a judgment entered, pursuant to ORCP 67 B, declaring defendant Northwest Basic Industries, Inc. (NWBI) the legal owner of seven unpatented mining claims.1 On appeal, plaintiffs argue, first, that the trial court did not have jurisdiction to decide ownership of unpatented mining claims that are located on federal land. Second, plaintiffs argue that it was error for the trial court to grant defendants...

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