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UNITED STATES v. SILVER QUEEN MINING COMPANY

No. 6413.

285 F.2d 506 (1960)

UNITED STATES of America, Appellant, v. SILVER QUEEN MINING COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 20, 1960.

Attorney(s) appearing for the Case

Harold S. Harrison, Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, and Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

George M. McMillan, Salt Lake City, Utah (Dan B. Shields, Salt Lake City, Utah, on the brief), for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.

LEWIS, Circuit Judge.

The United States initiated this action in the District Court for the District of Utah to condemn some 69 acres of land contained in four patented mining claims owned by the appellee mining corporation. Prior to the instant action the government had had the exclusive surface possession of the properties for eighteen years under both negotiated and condemned use rights in connection with bombing, chemical...

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