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CRYSTAL COPPER CO. v. GAIDO

No. 4486.

5 F.2d 881 (1925)

CRYSTAL COPPER CO. v. GAIDO et al. MONZETTI et al. v. CRYSTAL COPPER CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 22, 1925.

Attorney(s) appearing for the Case

Walker & Walker and C. S. Wagner, all of Butte, Mont., for plaintiff in error and cross-defendant in error.

H. A. Tyvand and F. E. McCracken, both of Butte, Mont., for defendants in error and cross-plaintiffs in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

The complaint in this action averred that the plaintiffs, at all times therein mentioned, were mining copartners in mine subleasing from the defendant; that the defendant was the lessee of a certain mine in Silver Bow county, Mont.; that the defendant sublet to the plaintiffs a certain portion of the mine; that under the terms of the sublease the plaintiffs were to enter into and upon the property and do certain work; that the plaintiffs were...

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