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WILSON v. ELK COAL CO.

No. 4548.

7 F.2d 112 (1925)

WILSON v. ELK COAL CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 14, 1925.

Attorney(s) appearing for the Case

F. C. Reagan, of Seattle, Wash., for appellant.

George Donworth, Elmer E. Todd, John C. Higgins, and Charles T. Donworth, all of Seattle, Wash., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal by the plaintiff from a decree dismissing a complaint in equity. It appears from the amended complaint that prior to June 27, 1916, the appellant opened and improved a coal mine on the southwest quarter of section 34, township 22 north, range 7 east W. M., and was in actual possession thereof. On the latter date he filed in the local land office a coal declaratory statement, claiming a preference right of entry under section...

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