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SUPERIOR SAND AND G. MIN. CO. v. TERRITORY OF ALASKA

No. 14190.

224 F.2d 623 (1955)

SUPERIOR SAND AND GRAVEL MINING CO., Inc., a corporation, Appellant, v. TERRITORY OF ALASKA, Appellee. Vernon C. SCHUBERT, Dorothy Schubert, Clarence D. Smith, Jr., Lillian E. Smith, Eugene E. Saxton, Dorothy M. Saxton, Ellsworth E. Saxton and Grace D. Saxton, Co-Partners doing Business as the Northern Construction Association, and Ellsworth E. Saxton, as Agent for said Association, Appellants, v. TERRITORY OF ALASKA, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 20, 1955.

Attorney(s) appearing for the Case

John E. Manders, Anchorage, Alaska, for Superior Sand & Gravel Mining Co.

E. L. Arnell, Anchorage, Alaska, for Northern Construction Association & Ellsworth E. Saxton, Agent.

Verne O. Martin, Anchorage, Alaska, for appellants.

Juliana D. Wilson, Anchorage, Alaska, for Anchorage Sand & Gravel Co., Inc.

J. Gerald Williams, Atty. Gen., Thomas B. Stewart, Asst. Atty. Gen., Territory of Alaska, for appellee, Territory of Alaska.

Before HEALY, POPE, and FEE, Circuit Judges.

HEALY, Circuit Judge.

In November of 1950 the appellants severally made conflicting placer locations upon a section of Alaska school lands described as Section 16, T. 13 North, R. 3 West of Seward Base Meridian. Shortly thereafter one of them filed in the United States Land Office an application for mineral patent pursuant to the provisions of 30 U.S.C.A. §§ 29 and 30. The other locators interposed adverse claims, and in support thereof, as the statute requires...

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