Montana Gold and Silver, a Montana Corporation, and v. Oremont Company, a Washington Corporation, and Cross-Complainant and v. W. A. Hall, Cross-Defendant

468 F.2d 1384 MONTANA GOLD AND SILVER, a Montana corporation, Plaintiff and Appellant, v. OREMONT COMPANY, a Washington corporation, Defendant and Cross-Complainant and Appellee, v. W. A. HALL, * Cross-Defendant. No. 26533. United States Court of Appeals, Ninth Circuit. Nov. 1, 1972. Walter H. Bolkovatz, of Bolkovatz & Romine and John F. Bell, Helena, Mont., for appellant. Ward A. Shanahan, of Gough, Booth, Shanahan & Johnson, Helena, Mont., for appellee. Before ELY and TRASK, Circuit Judges, and TALBOT SMITH, District Judge. 1 PER CURIAM: 1 The appellant, plaintiff below (hereinafter Montana) is a Montana corporation. The appellee, defendant below (Oremont), is a corporation of the State of Washington. The amount in controversy exceeded the sum of $10,000; hence, the District Court's diversity jurisdiction was properly invoked. 2 Oremont succeeded to the interests of a predecessor corporation, acquiring the assets and incurring the liabilities with which the litigation is concerned. The assets included a mining property called the Crescent mine. Adjacent to that property was a mill owned by Montana and used for the purpose of concentrating ore produced in the vicinity.…