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ASARCO, L.L.C. v. MONTANA RESOURCES, INC.

No. 16-40682.

858 F.3d 949 (2017)

ASARCO, L.L.C., a Delaware Corporation; ASARCO Master, Incorporated, a Delaware Corporation, Plaintiffs-Appellees, v. MONTANA RESOURCES, INCORPORATED, a Montana corporation; Montana Resources, L.L.P., a Montana limited liability partnership, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED June 2, 2017.

Attorney(s) appearing for the Case

Gregory L. Evans, Esq. , Keola R. Whittaker , McGuireWoods, L.L.P., Los Angeles, CA, Benjamin L. Hatch , McGuire-Woods, L.L.P., Norfolk, VA, Thomas Miles Farrell , Attorney, McGuireWoods, L.L.P., Houston, TX, Patrick L. Hayden , McGuireWoods, L.L.P., New York, NY, Dion W. Hayes, Esq. , Karen Elizabeth Sieg , McGuireWoods, L.L.P., Richmond, VA, for Plaintiffs-Appellees.

James Patrick Sullivan , King & Spalding, L.L.P., Austin, TX, Wark W. Wege , Dentons US, L.L.P., Houston, TX, for Defendants-Appellants.

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

ASARCO, L.L.C., through an affiliate, became partners in a Montana copper mine with Montana Resources, Inc. (MRI). Because of financial troubles in the early 2000s, ASARCO was unable to meet cash calls the partnership required. When it failed to contribute on four occasions, MRI covered ASARCO's portion. But this was...

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