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  5. 944 P.2d 843 (1997)
 

PEKE RESOURCES, INC. v. DISTRICT COURT

No. 30001.

944 P.2d 843 (1997)

PEKE RESOURCES, INC., Petitioner, v. The FIFTH JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF ESMERALDA, and the Honorable John P. Davis, District Judge, Respondents, and Tule Canyon Gold Partners, Ltd., Summit Minerals Management, Inc., Palmetto Resources, Inc., James McCown, Individually, Carl Benson, Individually, and Lloyd Gray, Individually, Real Parties In Interest.

Supreme Court of Nevada.

August 28, 1997.

Attorney(s) appearing for the Case

Woodburn & Wedge and W. Chris Wicker, Reno; Mark L. Mosley, Amarillo, TX, for Petitioner.

Peter L. Knight, Las Vegas; Jeppson & Lee, Reno; Underwood, Wilson, Berry, Stein & Johnson and Don M. Dean, Amarillo, TX, for Real Parties in Interest.

OPINION

SHEARING, Chief Justice:

This case involves a placer gold mine in Tule Canyon, Esmeralda County, Nevada. In 1977, Oro Corporation ("Oro"), a Nevada corporation and then-owner of the mine, entered into a mining lease with lessee Robert Scarth. Oro leased its mining, mineral, water, and land (millsite) rights. In exchange, Oro received $600 and retained a "production royalty" of seven percent in all minerals extracted from the mine. The lease...

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