ECM, Inc. v. Placer Dome U.S., Inc.

ORDER

Appellant’s Petition for Rehearing is GRANTED and the memorandum disposition, filed September 13, 2001, is WITHDRAWN. The Clerk of the Court is directed to file the attached memorandum disposition.

MEMORANDUM*

ECM, Inc. (“ECM”) appeals the district court’s grant of Placer Dome U.S.’s (“Placer Dome”) second motion for summary judgment. ECM argues that Placer Dome, by way of Placer Dome’s agreement with Royal Gold, Inc. (“Royal”), became either a tenant in common or an equitable owner of ECM’s lease with Royal. ECM further contends that as a tenant in common or equitable owner of the…