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HENNINGSEN v. STROMBERG

No. 8892.

221 P.2d 438 (1950)

HENNINGSEN v. STROMBERG et al. AVARE et al. v. ANACONDA COPPER MIN. CO.

Supreme Court of Montana.

January 13, 1950.

As Amended July 17, 1950.

As Amended on Denial of Rehearing August 22, 1950.

Attorney(s) appearing for the Case

Ralph J. Anderson, Albert C. Angstman, Helena [Mr. Anderson argued the case orally] for appellant.

Arthur P. Acher, Helena, Charles L. Zimmerman, Butte, for Katherine Avare.

Howard A. Johnson, Butte, for McCarthy.

George D. Toole, Butte, for Dorais and others.

Robert G. Dwyer, W. M. Kirkpatrick, W. H. Hoover, R. H. Glover, John V. Dwyer, J. T. Finlen, Jr., Butte, for Anaconda Copper Min. Co.

Mr. Johnson, Mr. Acher, Mr. Zimmerman and Mr. Robt. G. Dwyer argued the case orally for respondents.

T. B. Weir, Helena, for amicus curiae,

BOTTOMLY, Justice.

Action by the plaintiff, Phyllis M. Henningsen, to quiet title to three mining claims, namely, the Frenchman No. 2, Missouri Girl and Rear Stake, located in Silver Bow county, Montana. There are numerous defendants named in the complaint. The action is brought under the authority of Chapter 198, Laws of 1937, and the provisions of Chapter 63 of the Code of Civil Procedure of 1935.

The answering defendants were: Katherine Avare, Elinor G...

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