Legal Opinion
Montanore Minerals Corp. v. Arnold Bakie
Court of Appeals for the Ninth Circuit
Decided August 16, 2017No. 15-35707; 15-35753PublishedCited by 51 opinions
1Opinion of the Court
OPINION
M. SMITH, Circuit Judge:
The causa belli in this case is the legal status of POPS claims 12-15 (the Subject Claims), which are four unpatented mining claims owned by defendant Arnold Bakie and his predecessors in interest since 1984, and then conveyed to defendant Optima, Inc., in October 2013. 1 , Plaintiff Montanore Minerals Corp. (Montanore) seeks to resume construction of a tunnel near Libby, Montana (the Libby Tunnel), which Defendants contend would interfere with their rights in the Subject Claims. To accomplish its goal without objection from Defendants, Montanore first initiated…
2Cases cited12 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Jeremiah W. Holder v. Carla R. Holder, Jeremiah W. Holder v. Carla R. HolderCourt of Appeals for the Ninth Circuit · 2002
- American International Underwriters, (Philippines), Inc., a Philippines Corporation v. The Continental Insurance Company, a New Hampshire CorporationCourt of Appeals for the Ninth Circuit · 1988
- Avi Nakash, Joe Nakash, and Ralph Nakash v. Georges Marciano, Maurice Marciano, Armand Marciano, Paul MarcianoCourt of Appeals for the Ninth Circuit · 1989
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3Cited by51 opinions
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- Contest Promotions, LLC v. City and County of San FrancisCourt of Appeals for the Ninth Circuit · 2017
- Goodin v. VendleyDistrict Court, N.D. California · 2018
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