Montanore Minerals Corporation v. Bakie
9th Cir.; 15-35707 The court of appeals affirmed in part and reversed in part district court orders and remanded. The court held that the Colorado River…
August 17, 2017 at 06:42 PM
3 minute read
9th Cir.;
15-35707
The court of appeals affirmed in part and reversed in part district court orders and remanded. The court held that the Colorado River doctrine mandated a stay of federal litigation pending the resolution of state court proceedings in a mining case.
Montanore Minerals Corporation sought to resume construction of a mining tunnel near Libby, Montana. Arnold Bakie and others, all of whom claimed ownership of unpatented mining claims in the tunnel, objected. Montanore filed a state court action seeking to have the mining claims declared invalid. In March 2013, the state court issued an interlocutory order holding that the mining claims were valid. In June 2013, Montanore brought an action in federal district court, seeking to condemn for public use easements and rights of way through the mining claims. Montanore also moved for the district court to determine the validity of the mining claims.
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