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OTT v. DEER CREEK PLACER MIN. CO.

No. 5845.

36 F.2d 553 (1929)

OTT v. DEER CREEK PLACER MIN. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 28, 1930.

Attorney(s) appearing for the Case

C. E. McLaughlin and McLaughlin & McLaughlin, all of Sacramento, Cal., for appellant.

Irvin W. Ayres and Franklin T. Poore, both of San Francisco, Cal., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

Beginning with April 18, 1927, and ending with July 7, 1927, the International Rare Metals Recovery Company delivered to Emil J. N. Ott five separate lots of concentrates, or clean-ups, under an agreement that Ott should extract the gold therefrom and pay to the Recovery Company the sum of $17.30 per ounce for the gold so extracted, after deducting certain minor charges. Each lot thus delivered weighed several hundred pounds, but the exact weights...

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