TITANIUM ACTYNITE INDUSTRIES, and H. O. Aaberg and Stella R. Aaberg, as Trustees of and for the Aaberite Trust, and John E. Byrne, Sr., Winifred Walton Shelton and David C. Edwards, individually and as all of the persons owning and composing said Titanium Actynide Industries, Appellants,
v.
William Ray McLENNAN, Appellee.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
December 1, 1959.
Rehearing Denied January 7, 1960.
Attorney(s) appearing for the Case
Gail L. Ireland, of Ireland, Ireland, Stapleton & Pryor, Denver, Colo. (George V. Kempf, Montrose, Colo., with him on the brief), for appellants other than H. O. Aaberg and Stella R. Aaberg, as Trustees of and for the Aaberite Trust (Robert E. Holland, Denver, Colo., was with him on the brief for H. O. Aaberg and Stella R. Aaberg, as Trustees of and for the Aaberite Trust).
J. H. Holland, of Holland & Hart, Denver, Colo. (Robert P. Davison and James A. Larson, Denver, Colo., with him on the brief), for appellee. Dawson, Nagel, Sherman & Howard, Richard S. Kitchen, Denver, Colo., Groves, Dufford, Turner & Nelson, Grand Junction, Colo.; Bryant, Petrie, Waldeck & King, Montrose, Colo., Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., and Frazer Arnold, Denver, Colo., filed a brief of amici curiae.
Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.
United States Court of Appeals Tenth Circuit.
PICKETT, Circuit Judge.
In 1936 and 1938 defendant and his predecessors in interest located three placer claims1 in the White Earth Mining District, Gunnison County, Colorado. Shortly thereafter the plaintiffs located 34 lode mining claims covering approximately the same surface area included within the placer claims. In 1952 defendant applied for a patent to his claims and plaintiffs filed an adverse claim and brought this action as required...
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