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ti s <br />of law that Defendant Silver Hawk, Ltd., is the owner of the sand <br />and gravel with respect to the five patented placer mining claims <br />as set forth above; [hat neither Plaintiff nor Plaintiff/- <br />Intervenors have any right, claim or title to the sand and grave! <br />upon the patented placer mining claims; that any minerals con- <br />tained in the so-called "black sand" deposits and processed as <br />part of the sand and gravel operation is de minimis in nature and <br />not economically or commercially viable and that the sand and <br />gravel operation may continue pursuant to the lease ,agreement <br />between Defendant and Defendant/In[ervenors; that Plaintiff/- <br />Intervenors, as mineral right holders, are entitled to access to <br />the mining claims to exercise their mineral and mining rights and <br />may do so in conjunction with the sand and gravel operation so <br />long as said operation is not unduly interfered with, and *. he <br />Court finds no basis for the issuance of a preliminary injunction <br />as set forth above. <br />The Court will set this matter for a status conference <br />at a later point in time for any further settings, if necessary. <br />The Court requests Defendant's attorney, Mr. Glasier, to coordi- <br />nate a status conference with the court reporter. The parties <br />may appear by telephone. ~.1 h~ <br />Done this a S day of December, 1995. <br />BY THE COURT <br />n <br />T- <br />Richard J. Brown <br />cc: Mathis <br />McAnany <br />Glasier <br />Nugent (Schweissing) <br />20 <br />