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ERCEG v. FAIRBANKS EXPLORATION CO.

No. 8107.

95 F.2d 850 (1938)

ERCEG v. FAIRBANKS EXPLORATION CO.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1938.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, of San Francisco, Cal. (Alfred Sutro, Francis N. Marshall, and Francis R. Kirkham, all of San Francisco, Cal., of counsel), for Fairbanks Exploration Co.

John L. McGinn and Julien A. Hurley, both of Fairbanks, Alaska, and Robert L. McWilliams, of San Francisco, Cal. (Morgan V. Spicer and Vincent Surr, both of San Francisco, Cal., of counsel), for Erceg.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This is a suit to recover damages for injury to a group of placer mining claims situate in Fairbanks Recording District, Alaska. The trial was had to the court without a jury, resulting in a judgment in favor of plaintiff in the amount of $30,000, plus attorney's fees and costs.

Both parties have appealed. For convenience they will be referred to as plaintiff and defendant, as in the court below.

The suit was brought by Mike Erceg...

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