MOULTON MINING CO. v. ANACONDA COPPER MINING CO.

No. 5143.

23 F.2d 811 (1928)

MOULTON MINING CO. et al. v. ANACONDA COPPER MINING CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied with Modification March 19, 1928.


Attorney(s) appearing for the Case

Wm. E. Colby, of San Francisco, Cal., W. A. Clark, Jr., and J. L. Templeman, both of Butte, Mont., and John C. Higgins, of New York City, for appellants.

L. O. Evans and D. M. Kelly, both of Butte, Mont., and Henry McAllister, of Denver, Colo., for appellee.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.


HUNT, Circuit Judge.

Plaintiffs appellants brought suit against defendant appellee to quiet title to the Poser mining claim at Butte, Mont. The suit was brought under section 9479, Montana Revised Code, which authorizes an action against any person who may claim any right, title, estate, or interest in real estate adverse to plaintiffs' ownership, whether such claim or possible claim be present or contingent, for the purpose of determining such claim, or possible...

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