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EAGLE-PICHER CO. v. MID-CONTINENT LEAD & ZINC CO.

No. 4733.

209 F.2d 917 (1954)

EAGLE-PICHER CO. v. MID-CONTINENT LEAD & ZINC CO.

United States Court of Appeals Tenth Circuit.

February 2, 1954.

Attorney(s) appearing for the Case

John R. Wallace, Miami, Okl. (Willard L. Phillips, Thos. M. Van Cleave, Kansas City, Kan., A. C. Wallace and Ben T. Owens, Miami, Okl., on the brief), for appellant.

Emerson Foulke, Joplin, Mo., and J. E. Schroeder, Kansas City, Kan., for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The parties hereto were the owners of separate mining leases covering land in Cherokee County, Kansas, from which lead and zinc were mined.1 They entered into a contract to pool their interests and consolidate the operations of the leases for their mutual benefit. The defendant was to conduct the mining operations on the land and the plaintiff was to receive the mineralized ore in hoppers located on the leased premises...

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