Alumet v. Bear Lake Grazing Co.

WALTERS, Chief Judge.

This is a consolidation of two appeals in an action involving the parties to a mining lease.1 The action began when Alumet sought a declaratory judgment recognizing its right to mine phosphate ore in Caribou County, Idaho, under a mineral lease between Alumet, the lessee, and Bear Lake Grazing Company, as lessor.2 As part of the lease agreement, the lessee was to pay the lessor royalties based on the amount of ore removed from the mining site. After trial, the district court concluded that the lessee was in breach of the lease because of the lessee’s failure to…