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MONTANORE MINERALS CORP. v. BAKIE

Nos. 15-35707, 15-35753.

867 F.3d 1160 (2017)

MONTANORE MINERALS CORPORATION, Plaintiff-Appellee, v. Arnold BAKIE; Optima, Inc.; Frank Duval, Defendants-Appellants, and Easements and Rights of Way Under, Through and Across Those Certain Unpatented Lode Mining Claims Located in the NE ¼ of Section 15, Township 27 North, Range 31 West, Lincoln County, Montana and Identified as POPS 12, POPS 13, POPS 14 AND POPS 15; Unknown Owners, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance the unpatented lode mining claims described above or any cloud upon title thereto, whether such claim or possible claim be present, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2017.

Attorney(s) appearing for the Case

Stephen Ross Brown (argued), Garlington Lohn & Robinson PLLP, Missoula, Montana, for Defendants-Appellants/Cross-Appellees.

Mark Stermitz (argued), Matthew A. Baldassin , and Christopher C. Stoneback , Crowley Fleck PLLP, Missoula, Montana, for Plaintiff-Appellee/Cross-Appellant.

Before: DOROTHY W. NELSON, MILAN D. SMITH, JR., and MORGAN CHRISTEN, Circuit Judges.

OPINION

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

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