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MENDOTA COAL & COKE CO. v. EASTERN RY. & LUMBER CO.

No. 6271.

53 F.2d 77 (1931)

MENDOTA COAL & COKE CO. v. EASTERN RY. & LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

October 13, 1931.

Attorney(s) appearing for the Case

Charles A. Hart and Carey, Hart, Spencer & McCulloch, all of Portland, Or., and Dysart & Ellsbury, of Centralia, Wash., for appellant.

C. D. Cunningham, of Centralia, Wash., and Edwin H. Flick and Herald A. O'Neill, both of Seattle, Wash., for appellee.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

SAWTELLE, Circuit Judge.

On September 2, 1905, appellee, Eastern Railway & Lumber Company, leased to P. H. Smith and Alexander McLaren, for a term of ninety-nine years, 8,000 acres of land in Lewis county, Wash., for the purpose of exploration for and development and mining of coal and other minerals. These lands are on the Northern Pacific Railroad, about one hundred miles from both Portland and Seattle, about fifty miles from Tacoma, and about thirty-five miles...

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