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MIDWEST-BUTTE DEVELOPMENT CO. v. BUTTE WEST SIDE MINES CO.

No. 5599.

32 F.2d 841 (1929)

MIDWEST-BUTTE DEVELOPMENT CO. v. BUTTE WEST SIDE MINES CO. et al. BUTTE WEST SIDE MINES CO. et al. v. MIDWEST-BUTTE DEVELOPMENT CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 1, 1929.

Attorney(s) appearing for the Case

J. Bruce Kremer, L. P. Sanders, and Alf C. Kremer, all of Butte, Mont., for appellant.

Wm. Scallon, of Helena, Mont., for appellees.

Before RUDKIN and DIETRICH, Circuit Judges; and BEAN, District Judge.

DIETRICH, Circuit Judge.

The "Minnie Jane" is approximately a full-sized lode mining claim situated in Silver Bow county, Mont. The end lines are substantially parallel, as are the side lines. For general purposes we shall refer to the side lines as being the north and south boundaries, though from the westerly end they run a little north of east. That part of the surface area lying north of a straight line drawn from a point 7 feet south of the northwest corner to...

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