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CARRUTHERS v. WAITE MINING CO.

306 N.Y. 136 (1953)

Clarence Carruthers, Appellant, v. Jack Waite Mining Company, Defendant, and American Smelting and Refining Company, Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1953

Attorney(s) appearing for the Case

Samuel Masia and Archibald Palmer for appellant.

Abraham M. Lowenthal and Leon G. Telsey for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FULD, JJ., concur; VAN VOORHIS, J., taking no part.

FROESSEL, J.

Plaintiff-appellant is a stockholder of the Jack Waite Mining Company (hereinafter called Waite), an Arizona corporation with its main office in Phoenix, Arizona, and a mailing address at P. O. Box 1832, Seattle, Washington. Waite is a mining company producing lead, silver and zinc, with mining property located in the State of Idaho and extending into Montana. Defendant American Smelting and Refining...

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