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NORTHERN MINING CORPORATION v. COOKE MINING CO.

No. 9738.

123 F.2d 9 (1941)

NORTHERN MINING CORPORATION v. COOKE MINING CO.

Circuit Court of Appeals, Ninth Circuit.

October 22, 1941.

Attorney(s) appearing for the Case

R. Lewis Brown, of Butte, Mont., and Leon R. Jacobs, of Long Island City, N. Y., for appellant.

Vard Smith and Gibson & Smith, all of Livingston, Mont., R. F. Gaines, of Butte, Mont., and Gavin McNab, Schmulowitz, Aikins & Wyman, Nat Schmulowitz, Oliver B. Wyman, and Walter S. Rountree, all of San Francisco, Cal., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

HANEY, Circuit Judge.

Appellee brought this action to quiet its title to certain mining properties, and obtained a judgment therein, from which this appeal was taken.

On July 10, 1918, Montana Scotch Bonnet Copper and Gold Mining Company, a Washington corporation, hereafter called Scotch Bonnet, was the owner of certain mining properties, and executed an instrument, hereafter called a contract, by which it promised...

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