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EX-31.1 - CERT 302 - CEO, CFO - EXCALIBUR INDUSTRIESex31-1.htm
EX-32.1 - CERT 906- CEO, CFO - EXCALIBUR INDUSTRIESex32-1.htm

 

FORM 10-Q

For the Quarter ended FEBRUARY 28, 2010 Commission File Number 1-7602

 

 

EXCALIBUR INDUSTRIES

______________________________________________________________________________

(Exact name of registrant as specified in its charter)

 

State or other jurisdiction of incorporation or organization: UTAH

 

 

IRS Employer Identification Number:

87-0292122

 

 

Address or principal executive offices;

Post Office Box 3551

 

Duluth, Minnesota 55803

 

 

Phone Number:

(218) 724-4711

 

 

E-Mail Address:

mhubert1@msn.com

 

 

______________________________________________________________________________

 

Indicate by check mark whether the registrant (1) has filed reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such report); and, (2) has been subject to such filing requirements for the past 90 days.

 

 

YES ____X____

NO ________

 

 

Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date.

 

 

February 28, 2010

Common Shares 6,319,307

 

 

Page 1

 

 

 

 


 

EXCALIBUR INDUSTRIES

CONSOLIDATED BALANCE SHEET

Form 10-Q

Part I

Unaudited

 

For the Periods Ending:

 

 

Feb. 28, 2010

Nov. 30, 2009

ASSETS

 

 

Cash, Savings Certificates, Treasury Bills

$ 178,773

$ 167,200

Notes and Accounts Receivable

0

0

Other Assets

0

0

Total Current Assets

$ 178,773

$ 167,200

 

 

 

Property, Equipment & Mineral Interests (See Note B)

103,701

103,701

Less Accumulated Depreciation

(3,661)

(3,661)

Total Fixed and Other Assets

$100,040

$100,040

Deposits

60

60

TOTAL ASSETS

$278,873

$267,300

 

 

 

LIABILITIES & SHAREHOLDERS’ EQUITY

 

 

Current Liabilities

$ 100

$ 100

Other Liabilities Loan from Stockholder

0

0

Common Stock 0 $.01 Par Value, Authorized 10,000,000

Shares; 6,319,307 Shares issues; 6,319,307 Outstanding

 

63,193

 

63,193

Paid-In Capital in excess of Par

83,124

83,124

Retained Earnings

75,738

147,643

Treasury Stock

(105)

(105)

Total Shareholders’ Equity

278,768

267,195

 

 

 

TOTAL LIABILITIES & SHAREHOLDERS’ EQUITY

$278,873

$267,300

 

 

The accompanying notes are an integral

of these financial statements.

These financial statements are unaudited.

 

Page 2

 


 

EXCALIBUR INDUSTRIES

CONSOLIDATED STATEMENT

Form 10-Q

Part I

OF INCOME, EXPENSE AND

 

RETAINED EARNINGS FOR

 

THE FISCAL QUARTERS ENDED

 

Unaudited

 

                

 

Feb. 28, 2010

Feb. 28, 2009

REVENUES

 

 

Interest

$ 0

$ 0

Total Revenues

0

0

Cash, Treasury Bills + Stock

178,773

142,395

EXPENSES

 

 

Loan Repayment

$ 0

$ 0

General and Administrative

$ 789

$ 1,210

Professional Services

279

356

Property, Payroll and Other Taxes

0

0

Claim Fees

0

0

NET (LOSS)

(1,064)

(1,566)

Retained Earnings Beginning of Period

147,643

78,368

 

 

 

Retained Earnings at End of Period

146,579

76,802

 

 

 

Average Shares Outstanding During Period

6,319,307

6,164,571

 

 

 

NET GAIN (LOSS) PER SHARE

$ (0.0002)

$ (0.0002)

 

 

The accompanying notes are an integral

of these financial statements.

These financial statements are unaudited.

 

Page 3

 


 

EXCALIBUR INDUSTRIES MANAGEMENT’S DISCUSSION AND ANALYSIS

FORM 10-Q 02/28/10 PART 1 OF FINANCIAL CONDITION AND RESULTS OF

OPERATIONS

 

ITEM 2

 

Material Changes in Financial Conditions

On November 22, 2006, the 10th District U. S. Court of Appeals upheld the adverse ruling of the U. S. District Court – remanded the $510,000.00 fine and later reduced to $3,465.00 court costs to MWM.

On July 15, 2009, the 10th District Court dismissed the Plaintiff’s (MWM & Joseph P. Hubert) law suit against The Cleveland-Cliffs Iron Co. (Cliffs Natural Resources) with the obligation of an undisclosed court cost.

No appeal is scheduled.

On July 30, 2009, the two law firms representing the Defendant (Cliffs) filed attorney fee charges against the Plaintiff for $349,462.00 in the 10th District Court of Wyoming.

On August 13, 2009, Plaintiff attorneys filed a brief in opposition to Cliffs attorney fees in the 10th District Court of Wyoming.

On Nov. 30, 2009 Plaintiffs Excalibur Industries (Mountain West Mines) Joseph P. Hubert agreed to a $100,000.00 settlement with the Cleveland Natural Resources Corp. – payable from royalty received from North Butte and Ruby Ranch deposits production in a two-year installment of $50,000.00 per year upon commencement of mining.

After six years of litigation – Three U. S. District Courts – One U. S. Court of Appeals and a U. S. Supreme Court petitions – All failed to uphold the clear terms of the MWM/Cliffs May 17, 1967 Option and Agreement. Three judicial decisions are beyond explanation. The resulting loss to Excalibur is historic in mining.

Six wholly owned prospects have been optioned to Uranerz Energy Corporation with payment of $250,000.00 advance royalty due URZ.

The advance royalty payment is not subject to either State or Federal Taxes due to depletion and loss carry forward amount.

 

Material Changes in Results of Operations

The Cleveland, Ohio Law Firm of Mansour, Gavin, Gerlack & Manas Co. L.P.A. has agreed to represent Excalibur in legal proceedings against The Cleveland-Cliffs Iron Company. The lawsuit was filed in August. Excalibur has paid $50,000.00 for expenses and MGGM is retained on a contingency basis.

On November 30, 2009, MGGM LPA completed their legal association with Excalibur.

The SEC has requested corporate information. A complete background file has been forwarded to the SEC. To date no response has been received.

On July 25th, URZ received a positive independent assessment on Excalibur’s royalty projects, Nichols Ranch & Hank ISL deposits. Annual royalty income is projected to begin in 2011 for a period of five years – totally some $13,000,000.00 with yellow cake at $44/pound.

All loans have been repaid.

Registrant pays no wages.

Payment for professional services is scheduled when required: i.e. 10-K report - tax returns, SEC filing fee and attorney charges.

An attempt to appear before the United States Supreme Court for a review of the Appellate Court decision has been denied.

 

Page 4

 


 

SECURITIES AND EXCHANGE COMMISSION

FORM 10Q - EXCALIBUR INDUSTRIES – FEBRUARY 28, 2010

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS

.

NOTE A

The information in this report is unaudited and includes the consolidated financial information of Excalibur Industries and its wholly owned subsidiary, Mountain West Mines, Inc.

 

In the opinion of Management, the foregoing financial information fairly presents results of operations during the periods represented.

 

In the opinion of Management, all material adjustments have been recorded to arrive at the amounts reported, and all significant inter-company transactions have been eliminated from these statements.

 

NOTE B

Equipment includes capitalized acquisition costs of $2,354 at February 28, 2003 and at November 30, 2002.

 

Excalibur and its subsidiary, Mountain West Mines, Inc., have acquired various mining properties, leaseholds, patented claims, and mineral rights interests. These assets are carried at their cost of acquisition unless, in the judgment of the Directors, a lesser amount is felt to be more appropriate because of a permanent decline in value. The Board of Directors has determined that a more realistic value should be placed on the books for financial reporting and has elected to reduce the reporting value for financial statement purposes to $108,106.

 

Values for purposes of this financial statement as of February 28, 2003 and November 30, 2002.

 

Property and Equipment

$

2,354

 

Mining Equipment

$

1,347

 

Interest in Mining Properties

$ 108,106

 

Accumulated Depreciation

$

(3,661)

 

 

TOTAL

$ 108,146

 

 

EXCALIBUR INDUSTRIES

OTHER INFORMATION

FORM 10-Q 02/28/10 PART 2

 

ITEM 4

Submission of Matters to a Vote of Security Holders

a-c

None

d

None

 

ITEM 6

Exhibits and Reports on Form S-K

a

None

b

No reports on Form 8-K were filed during the quarter ending February 28, 2010.

 

These financial statements are unaudited.

 

Page 5

 

 


 

EXCALIBUR INDUSTRIES

Form 10-Q

Part II

 

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

 

 

EXCALIBUR INDUSTRIES

 

(Registrant)

 

 

Date: March 5, 2010

/s/ Joseph P. Hubert

 

Joseph P. Hubert

 

President, Chief Executive Officer

 

and Chairman of Board of Directors

 

 

Date: March 5, 2010

/s/ Marguerite H. Emanuel

 

Marguerite H. Emanuel

 

Secretary

 

 

 

 

 

 

 

 

                Page 6