Legal Opinion

Whitebird v. Eagle-Picher Co.

Court of Appeals for the Tenth Circuit

Decided March 12, 1968No. Nos. 9303-9305PublishedCited by 9 opinions

1Opinion of the Court

HICKEY, Circuit Judge.

This is an appeal from a judgment of the trial court denying an accounting and recovery of additional royalty allegedly due appellants, Whitebird et al., under two consecutive sets of mining leases.

The questions presented are:

Is Eagle-Picher obligated to account for and pay a royalty based upon its gross sales receipts from all minerals and mineral elements mined and sold from the leases under the 1922 and 1945 provisions ?

Did the “Cincinnati litigation” compromise constitute an agreed interpretation of the 1922 leases?

Did the conduct of the parties who negotiated and…

2Cases cited11 opinions

  1. The Colorado Milling & Elevator Co., a Corporation v. Chicago, Rock Island & Pacific Railroad Co., a CorporationCourt of Appeals for the Tenth Circuit · 1967
  2. American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
  3. Hulda Elizabeth Evensen, and Edward Colton Evensen v. Pubco Petroleum Corporation, Formerly Pubco Development, Inc.Court of Appeals for the Tenth Circuit · 1960
  4. Mars v. McDougalCourt of Appeals for the Tenth Circuit · 1930
  5. Hardinge Co. v. Eimco Corp.Utah Supreme Court · 1954

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Atlas Lubricant Corp. v. Federal Ins. Co. of NJLouisiana Court of Appeal · 1974
  2. Yavapai-Prescott Indian Tribe v. WattCourt of Appeals for the Ninth Circuit · 1983
  3. Yavapai-Prescott Indian Tribe v. WattDistrict Court, D. Arizona · 1981
  4. Salmon v. Cities Service Oil Co.Court of Appeals for the Tenth Circuit · 1979
  5. United States v. 1,253.14 Acres of Land, in Jefferson & Douglas CountiesCourt of Appeals for the Tenth Circuit · 1972

4 more not listed; retrieve them via the Exa API.

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