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LUCKY FRIDAY SILVER-LEAD MINES CO. v. ATLAS MINING CO.

No. 9420.

395 P.2d 477 (1964)

LUCKY FRIDAY SILVER-LEAD MINES COMPANY, a corporation, Plaintiff-Respondent, v. ATLAS MINING COMPANY, a corporation, Defendant-Appellant, and J. W. Greenough, non-appearing Defendant.

Supreme Court of Idaho.

September 23, 1964.

Attorney(s) appearing for the Case

Ware, Stellmon & O'Connell, Lewiston, and Hamblen, Gilbert & Brooke, Spokane, Wash., for appellant.

Charles E. Horning, H. J. Hull & Sons, Wallace, for respondent.

McFADDEN, Justice.

On December 6, 1962, this action was instituted by respondent Lucky Friday Silver-Lead Mines Company, a corporation, to quiet title to lode mining claims, as against appellant Atlas Mining Company, a corporation, and J. W. Greenough, its president. Service of summons was completed the same day.

The record shows that on December 13, 1962, a petition for removal was filed by appellant in the United States District Court for Idaho, Northern...

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