Conda Partnership, an Idaho Partnership Composed of Nu-West Industries, Inc., and Western Co-Operative Fertilizer U.S. Inc., Both Delaware Corporations, Plaintiff- Appellant/cross-Appellee v. Archer Investments Co., a Utah Limited Partnership John D. Archer, General Partner Elizabeth Basham Archer Elizabeth Daly Archer Trust, Defendants-Appellees/cross-Appellants

12 F.3d 1105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CONDA PARTNERSHIP, an Idaho partnership composed of Nu-West Industries, Inc., and Western Co-Operative Fertilizer U.S. Inc., both Delaware corporations, Plaintiff- Appellant/Cross-Appellee, v. ARCHER INVESTMENTS CO., a Utah limited partnership; John D. Archer, general partner; Elizabeth Basham Archer; Elizabeth Daly Archer Trust, et. al., Defendants-Appellees/Cross-Appellants. Nos. 91-36276, 92-35358. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 3, 1993 (91-36276). Submitted Aug. 3, 1993 (92-35358). Decided Nov. 18, 1993. Before: WRIGHT, BEEZER, HALL, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff Conda Partnership appeals from the district court's order granting summary judgment in favor of Defendant-Appellants Archer Investments Company et al., ruling that Archer was entitled to receive royalties on minerals mined from "fringe acreage" added to the Archer leasehold by Conda after Archer…