MOUNTAIN WEST MINES v. CLEVELAND-CLIFFS IRON CO.

No. 05-8079.

470 F.3d 947 (2006)

MOUNTAIN WEST MINES, INC., Plaintiff-Appellant, v. CLEVELAND-CLIFFS IRON COMPANY, Power Resources, Inc., and Pathfinder Mines Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 22, 2006.


Attorney(s) appearing for the Case

Patrick D. Frye, (Harold G. Morris, Jr., with him on the briefs) Lindquist & Vennum, P.L.L.P., Denver, CO, for the Plaintiff-Appellant.

David R. Hammond, Davis Graham & Stubbs LLP, Denver, CO, (Stephen E. Kapnik, Lohf Shaiman Jacobs Hyman & Feiger P.C., and Frank D. Neville, Scott P. Klosterman, Williams, Porter, Day & Neville, P.C., Casper, WY, with him on the briefs) for Defendants-Appellees.

Before LUCERO, SILER, and O'BRIEN, Circuit Judges.


LUCERO, Circuit Judge.

Mountain West Mines, Inc. ("Mountain West") brought suit against Cleveland-Cliffs Iron Co. ("Cliffs"), Power Resources, Inc. ("Power"), and Pathfinder Mines Corp. ("Pathfinder") arguing it is owed royalty payments on uranium production under a series of contracts between Mountain West and Cliffs. With the facts undisputed, all parties moved for summary judgment. The district court denied Mountain West's motion, granted the defendants' joint...

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