The court has asked Phoenix to prove that it is correctly accounting for the materials mined at the pit and paying royalties as they should to Mitchell & Furr. This request was made after Mitchell claimed that Phoenix wasn't paying them for all the materials mined in what feels like a last ditch effort to justify this lawsuit. After all, the pit lawsuit all centers around the fact that Mitchell and Furr are paid ridiculously small royalties per ton (typically less than $.25) and they want more of the "pie." They tried to claim that royalties should be increased because PBLS was a risk of bankruptcy. Shot down. They tried to claim that PBLS violated the lease with a sub-lease. Shot down. They tried to claim that PBLS is stealing material from them pit and should be paying for this "overburden." Shot down. Now they are trying to say that PBLS isn't accounting for all the materials mined. I wonder what the verdict will be as Phoenix currently has their legal team accounting for each transaction as they delve into years worth of paper records...
"Experience: that most brutal of teachers. But you learn, my God do you learn." C.S. Lewis
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