Mesa Verde Coal Partners, Ltd. v. Bennett

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MESA VERDE COAL PARTNERS, LTD., a limited partnership, Plaintiff-counter-defendant-Appellant, Robert P. Schalk, Plaintiff-counter-claim-defendant-Appellant, v. Edyth BENNETT, Defendant-counter-claimant-Appellee. No. 92-15309. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1993. Decided May 25, 1993. Before REINHARDT, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The tortured factual and procedural history of this lawsuit is well known to the parties and need not be recounted in detail. Suffice it to say that it stems from the procurement by Edyth Bennett in 1978 of a lease from the State of Utah entitling her to engage in coal mining on land in Grand County, Utah. Bennett assigned these interests in 1978 to Intercoast Coal Company which in turn and on behalf of Inter-American Energy assigned its interest in the coal lease to Mesa Verde Coal Partners, Ltd. 3 No recoverable coal…