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CANDELARIA INDUSTRIES v. OCCIDENTAL PETROLEUM CORP.

Civ. No. R-81-229 BRT.

662 F.Supp. 1002 (1987)

CANDELARIA INDUSTRIES, INC. and International Development Fund, by its General Partner Henry Von Kohorn, Sr., Plaintiffs, v. OCCIDENTAL PETROLEUM CORPORATION, Occidental Minerals Corporation, and Candelaria Partners, Defendants.

United States District Court, D. Nevada.

Order Denying Renewed Motion for Summary Judgment July 29, 1985.

Procedural Order October 30, 1985.

Order on Motion to Join Necessary Party May 19, 1986.

Court's Statement of Subsequent Proceedings June 18, 1987.

Attorney(s) appearing for the Case

Woodburn, Wedge, Blakey & Jeppson, Suellen Fulstone, Reno, Nev., and Willkie, Farr & Gallagher, David L. Foster, New York City, for plaintiffs.

Vargas & Bartlett, Reno, Nev., for Occidental Petroleum Corp.

Mitchell, Silberberg & Knupp, Los Angeles, Cal., for Arthur Groman.

Raymond J. Schlauch, Denver, Colo., and Earl M. Hill, Reno, Nev., for Occidental Minerals Corp. and Candelaria Partners.

ORDER RESPECTING MOTIONS FOR SUMMARY JUDGMENT

BRUCE R. THOMPSON, District Judge.

In 1970, Candelaria Industries, Inc. (CI), a closely held corporation owned by Henry Von Kohorn, sold several mining claims which it owned in Nevada's Candelaria mining district to Thomas E. Congdon. The purchase agreement provided, inter alia, that CI reserved ten percent of the net profits derived by Congdon from the property. CI later sold seventy percent of its net...

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