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UNITED MERCURY MINES COMPANY v. BRADLEY MINING CO.

No. 14705.

233 F.2d 205 (1956)

UNITED MERCURY MINES COMPANY, a corporation, Appellant, v. BRADLEY MINING COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 15, 1956.

Attorney(s) appearing for the Case

Paul S. Boyd, Boise, Idaho, E. H. Casterlin, Pocatello, Idaho, Dale Clemons, Boise, Idaho, William Langer, Bismarck, N. D. and Washington, D. C., for appellant.

John Parks Davis, San Francisco, Cal., Moses Lasky, William E. Colby, Brobeck, Phleger & Harrison, San Francisco, Cal., Ray, Quinney & Nebeker, Paul H. Ray, Salt Lake City, Utah, Cheney, Marr, Wilkins & Cannon, G. A. Marr, Salt Lake City, Utah, Ralph R. Breshears. Boise, Idaho, for appellee.

Before DENMAN, Chief Judge, and POPE and LEMMON, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal by the United Mercury Mines Company, a corporation, hereafter United, in a suit by United against Bradley Mining Company, hereafter Bradley, from a summary judgment. The District Court dismissed United's complaint which sought a judgment declaring its right to royalties from Bradley on metals produced from minerals taken from Bradley's mines which were smelted and sold by Bradley.

The mines in question were originally...

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