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DYE v. DUNCAN, DIECKMAN & DUNCAN MINING CO.

Civ. A. 1354.

164 F.Supp. 747 (1958)

Mrs. Crete DYE, Plaintiff, v. DUNCAN, DIECKMAN & DUNCAN MINING CO., Inc.; Donald S. Duncan and wife, Mrs. Donald S. Duncan; J. R. Wood and wife, Mrs. Lola Wood; W. H. (Bill) Hargus and wife, Mrs. W. H. Hargus; Bill Hargus and wife, Mrs. Bill Hargus; Luke Lawrence; Charles W. Ratliff and wife, Mrs. Susie Ratliff; J. D. Hillard; W. B. Price and wife, Mrs. Pauline Price; J. F. Grant and wife, Mrs. Clara Grant; S. W. Chapman and wife, Mrs. Christine K. Chapman; Mr. and Mrs. Howard House, Defendants, O. A. Logan, Cross-Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

August 6, 1958.

Attorney(s) appearing for the Case

Dobbs, Pryor & Dobbs, Ft. Smith, Ark., Nabors Shaw, Mena, Ark., for Duncan, Dieckman & Duncan Mining Co. and Donald S. Duncan and wife.

Bethell & Pearce, Ft. Smith, Ark., for W. H. Hargus and wife, Charles W. Ratliff and wife, J. D. Hillard.

Collins, Edwards, Core & Collins, DeQueen, Ark., for Luke Lawrence, J. R. Wood and wife.

Shaver, Tackett & Jones, Texarkana, Ark., for S. W. Chapman and wife.

Kenyon F. Lee, Los Angeles, Cal., John E. Harris, Ft. Smith, Ark., Jerry C. Witt, Mount Ida, Ark., for plaintiff.

JOHN E. MILLER, District Judge.

This is a mining case involving conflicting claims of four sets of parties. Each party contends that his or her claims are valid and have been "jumped" by the opposing parties.

After the filing of numerous pleadings and motions, the case finally progressed to trial on May 12, 1958. The trial proceeded until May 16, 1958, when it became necessary for the Court to postpone further proceedings until June 16, 1958. The trial was...

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