Mitchell is using estimates from PBLS PR’s about value of overburden (“$30,000,000”) as justification to get PBLS to pay royalty for it.
However, Furr is on testimony as saying he never valued the over burden before the PR and that before Phoenix, they would just give the stuff away. Also, before the $30M PR, Furr would come to the pit every day, see the hauling off of the over burden, and never asked for royalties for years. He also admitted that it’s not normal course for a royalty to be paid on it.
"Experience: that most brutal of teachers. But you learn, my God do you learn." C.S. Lewis www.younglife.org
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