Cal-Am Corporation, and Counter-Defendant v. Joe Talley Spence, Joseph R. Laird, Jr., Third Party

WILLIAM E. DOYLE, Circuit Judge.

Defendant-Appellant Joe T. Spence seeks reversal of a final judgment which found the plaintiff-appellee, Cal-Am Corp., not liable on a counter-claim for amounts allegedly due to the defendant-appellant Spence under an Assignment of Material Mining Lease.

Cal-Am is a New York corporation which has its principal place of business in California. The third-party defendant, Joseph F. Laird, Jr., is the president and a director of Cal-Am and a resident of California. Spence resides in New Mexico.

There is no dispute about the facts here and, as a matter of fact, the…