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UTEX EXPLORATION COMPANY v. GARWOOD

No. 5541.

246 F.2d 547 (1957)

UTEX EXPLORATION COMPANY, Appellant, v. Archie GARWOOD, R. C. Gerlach and W. E. Bozman, Appellees.

United States Court of Appeals Tenth Circuit.

July 8, 1957.

Attorney(s) appearing for the Case

C. E. Henderson, Salt Lake City, Utah (Henry Ruggeri, Price, Utah, Mitchell Melich, Moab, Utah, Clair M. Senior and H. R. Waldo, Salt Lake City, Utah, on the brief), for appellant.

Harley W. Gustin, Salt Lake City, Utah (George E. Dilts and Julian P. Hancock, Cortez, Colo., on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

In this suit by mining lessees against their lessor for wrongful eviction, the trial court found for the lessees, and entered judgment based upon the "in place" value of the ore remaining on the leased premises at the time of the eviction.

Actionable eviction turns on the interpretation of a two-year mining lease contract, beginning February, 1953, covering a portion of an unpatented mining claim in San Juan County, Utah. In addition...

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