Cuprite Mine Partners v. Anderson, No. 13-16657 (9th Cir. 2015)Annotate this Case
This appeal arose from a dispute over interests in mining claims originally owned by Guy Anderson and bequeathed to his six children upon his death. The court concluded that the district court did not abuse its discretion in allowing all defendants to be joined in a single partition action. In this case, the district court acted well within its discretion in concluding that a single partition action was the most expeditious way of resolving this dispute, and in allowing all defendants to be joined in that action. The court also concluded that the district court did not err when it granted summary judgment in favor of Cuprite and ordered partition by sale to Freeport; the district court properly concluded that partition by sale was more appropriate than partition in kind; and accepting the current offer or any better terms that could be had was a reasonable way for the district court to structure the partition sale, and does not violate any terms of the operative statute. Finally, the court concluded that, regardless of whether an Arizona state court would have been required to hold a trial, the district court correctly resolved the summary judgment motion according to the Federal Rules of Civil Procedure. Accordingly, the court affirmed the judgment.