9th Circ. Rips Co. For Taking Mining Claims To Federal Court

Law360, New York (August 16, 2017, 7:26 PM EDT) -- In a case with “unusual circumstances,” a Ninth Circuit panel on Wednesday said a lower court had abused its discretion by refusing to defer a case over mineral rights to state court, deciding that Montanore Minerals Corp. shouldn’t be able to circumvent state rulings by filing a federal action.

Judge Milan D. Smith Jr., writing for a unanimous panel, said that the district court abused its discretion by refusing to stay the case and allow state court proceedings to continue. In point after point, the opinion...
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Case Information

Case Title

Montanore Minerals Corp. v. Arnold Bakie, et al


Case Number

15-35707

Court

Appellate - 9th Circuit

Nature of Suit

4210 Land Condemnation

Date Filed

September 8, 2015


Case Title

Montanore Minerals Corporation v. Arnold Bakie, et al


Case Number

15-35753

Court

Appellate - 9th Circuit

Nature of Suit

4210 Land Condemnation

Date Filed

September 25, 2015

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