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CUPRITE MINE PARTNERS LLC v. ANDERSON

No. 13-16657.

809 F.3d 548 (2015)

CUPRITE MINE PARTNERS LLC, an Arizona limited liability company, Plaintiff-Appellee, v. John H. ANDERSON, a married man, acting in his sole and separate capacity; Todd Christian Anderson, a married man, acting in his sole and separate capacity; Margaret Jane Anderson Liljemquist, a married woman, acting in her sole and separate capacity; Peter Haakon Anderson, a single man; Stacey Elizabeth Anderson Ord, a married woman, acting in her sole and separate capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2015.

Attorney(s) appearing for the Case

Gary Frank Urman (argued), John Carleton Lacy , DeConcini McDonald Yetwin & Lacy, P.C., Tucson, AZ, for Plaintiff-Appellee.

Todd C. Anderson (argued), Troy C. McMahan , John Anderson Law, San Clemente, CA, for Defendants-Appellants.

Before: FERDINAND F. FERNANDEZ and MILAN D. SMITH, JR., Circuit Judges, and BRIAN M. MORRIS, District Judge.

OPINION

This is an appeal of a diversity action to partition mining claims under Arizona law. We conclude that the district court properly applied Arizona's substantive law regarding partition and federal procedural standards for summary judgment, and we affirm.

FACTS AND PROCEDURAL BACKGROUND

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