CENTRAL EUREKA MINING COMPANY v. UNITED STATES

Nos. 49468, 49486, 49693, 50182, 50195, 50214.

138 F.Supp. 281 (1956)

CENTRAL EUREKA MINING COMPANY, a Corporation, v. The UNITED STATES. ORO FINO CONSOLIDATED MINES, Inc. v. The UNITED STATES. ALASKA-PACIFIC CONSOLIDATED MINING COMPANY v. The UNITED STATES. IDAHO MARYLAND MINES CORPORATION v. The UNITED STATES. HOMESTAKE MINING COMPANY v. The UNITED STATES. (1) BALD MOUNTAIN MINING COMPANY, (3) Alabama-California Gold Mines Company, (5) Consolidated Chollar Gould & Savage Mining Company, (7) Ermont Mines, Inc. v. The UNITED STATES.

United States Court of Claims.

February 20, 1956.


Attorney(s) appearing for the Case

Phillip Barnett, San Francisco, Cal., for plaintiff Central Eureka Mining Company. Ralph D. Pittman, Washington, D. C., and Rodney H. Robertson, San Francisco, Cal., were on the brief.

John Ward Cutler, Washington, D. C., for plaintiffs Oro Fino Consolidated Mines, Inc., Bald Mountain Mining Company, Consolidated Chollar Gould & Savage Mining Company and Ermont Mines, Inc.

O. R. McGuire, Jr., Washington, D. C., for plaintiff Alaska-Pacific Consolidated Mining Company. Hogan & Hartson, Washington, D. C., and V. A. Montgomery, Seattle, Wash., were on the brief.

George Herrington, San Francisco, Cal., for plaintiff Idaho Maryland Mines Corporation. Orrick, Dahlquist, Herrington & Sutcliffe, San Francisco, Cal., were on the briefs.

Edward W. Bourne, New York City, for plaintiff Homestake Mining Company. James D. Ewing, Eugene Z. Du Bose, Edward E. Rigney, J. Kenneth Campbell and James W. Misslbeck, New York City, were on the briefs.

Kendall M. Barnes, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

Thomas H. McGrail, Washington, D. C., was on the brief.

Before JONES, Chief Judge and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


LITTLETON, Judge.

The plaintiffs were, at the times herein mentioned, the owners and operators of gold mines. On October 8, 1942, the War Production Board issued Limitation Order L-208 requiring certain so-called non-essential mines to close down and cease all mining operations, or any other operations in and about the mines, except to the minimum amount necessary to maintain the mines safe and accessible. Violations of the order were punishable by fine and imprisonment...

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