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WHEALTON v. PINE GROVE NEVADA GOLD MINING CO.

No. 9075.

104 F.2d 675 (1939)

WHEALTON v. PINE GROVE NEVADA GOLD MINING CO.

Circuit Court of Appeals, Ninth Circuit.

June 17, 1939.

Attorney(s) appearing for the Case

John R. Ross, of Carson City, Nev., and Arthur A. Platz, of Reno, Nev., for appellant.

Wm. S. Boyle, of Reno, Nev., George Sanford, of Carson City, Nev., and George Montrose, of Gardnerville, Nev., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellee sued to quiet its title to mining claims in Lyon County, Nevada and to cancel a contract with defendant (appellant) relating to the claims. After a trial to the court without a jury appellee was adjudged to be the owner of the property, but relief by way of cancellation was denied. The defendant appealed.

The suit involved twelve lode claims, of which nine are patented and three unpatented...

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