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NEVADA CONSOL. COPPER CO. v. CONSOLIDATED COPPERMINES CORP.

No. 157.

44 F.2d 192 (1930)

NEVADA CONSOL. COPPER CO. v. CONSOLIDATED COPPERMINES CORPORATION.

District Court, D. Nevada.

August 8, 1930.

Attorney(s) appearing for the Case

Chandler & Quayle, of San Francisco, Cal., Chadbourne, Stanchfield & Levy, of New York City, Wm. E. Colby, of San Francisco, Cal., and William Wallace, Jr., of New York City, for plaintiff.

Brown & Belford, of Reno, Nev., Joseph B. Cotton, of New York City, John P. Gray, of Cœur d'Alene, Idaho, and Roy F. Wrigley, of New York City, for defendant.

NORCROSS, District Judge.

This is an action in equity primarily to enjoin the defendant from prosecuting certain mining operations in plaintiff's Champion and Liberty mining claims. Defendant asserts the right to so mine by virtue of the provisions of a contract of date June 16, 1926.

The main question in controversy is the meaning of the language in article IV of said contract: "It is agreed * * * that all of the ore in the Champion and Liberty claims * ...

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