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MASEK v. OSTLUND

No. 2936

358 P.2d 100 (1960)

John L. MASEK, Appellant (Defendant below), v. John C. OSTLUND and Axel R. Ostlund, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

December 30, 1960.

Attorney(s) appearing for the Case

Carroll & Cole, Bernard E. Cole, Cheyenne, for appellant.

John P. Ilsley, Gillette, for appellees.

Before BLUME, C.J., and PARKER and HARNSBERGER, JJ.

Mr. Justice PARKER delivered the opinion of the court.

This is an action by John C. Ostlund and Axel R. Ostlund, plaintiffs, against John L. Masek, defendant, seeking an accounting of the proceeds of mineral ore taken from a mining claim belonging to plaintiffs known as Sue 3 and asking for exemplary damages. The petition alleged that plaintiffs on January 1, 1955, filed a notice of location of unpatented lode mining claim known as

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