Blocker Exploration Co. v. Frontier Exploration, Inc.

The majority acknowledges that where an express agreement provides for a right to participate in the management or control *990of the mining operation, the absence of any actual exercise of that right should not preclude a finding that the joint operation element of a mining partnership exists. 740 P.2d at 987. However, the majority then concludes that under this standard Blocker Exploration Company’s rights did not rise to the level of active participation in control or management. I disagree with this conclusion, and accordingly dissent from that portion of the majority opinion holding that…