Gibson v. Pacific Summa Capital, Inc.

Plaintiffs appeal from a judgment entered, pursuant to ORCP 67 B, declaring defendant Northwest Basic Industries, Inc. (NWBI) the legal owner of seven unpatented mining claims. On appeal, plaintiffs argue, first, that the trial court did not have jurisdiction to decide ownership of unpa-tented mining claims that are located on federal land. Second, plaintiffs argue that it was error for the trial court to grant defendants’ motion for partial summary judgment because averments in plaintiff Ron Gibson’s affidavit created a question of material fact. Finally, plaintiffs argue that the trial…