GARBUTT v. BLANDING MINES CO.

No. 2836.

141 F.2d 679 (1944)

GARBUTT v. BLANDING MINES CO.

Circuit Court of Appeals, Tenth Circuit.

March 21, 1944.


Attorney(s) appearing for the Case

Knox Patterson and Charles M. Morris, both of Salt Lake City, Utah, for appellant.

Mahlon E. Wilson, of Salt Lake City, Utah, and Mitchell Melich, of Moab, Utah, for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant, Frank A. Garbutt, as the owner of a controlling interest in certain mining claims in the State of Utah, brought this suit against appellee, Blanding Mines Company, to recover damages on account of the alleged failure of appellee to core drill, develop and mine the property, and to construct a mill thereon, in accordance with the provisions of a contract between Garbutt and the assignors of appellee. The trial court dismissed the...

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