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BIRCHFIELD v. THIERCOF

No. 2 CA-CIV 290.

5 Ariz. App. 484 (1967)

428 P.2d 148

Howard A. BIRCHFIELD, Sr., Appellant, v. C. THIERCOF and Joffre Marcil, Appellees.

Court of Appeals of Arizona.

Rehearing Denied June 29, 1967.

Attorney(s) appearing for the Case

Cattany & Howe, by Robert E. Cattany, Tucson, for appellant.

Smitherman & Whitney, by James D. Whitney, Bisbee, for appellees.

Rehearing Denied June 29, 1967. See 429 P.2d 512.

MOLLOY, Judge.

This is an appeal from a quiet title judgment as to four unpatented mining claims in Cochise County. Both the plaintiffs and the defendant moved for summary judgment and the trial court granted the motion of the plaintiffs.

The area of the four lode claims in question was originally located in 1946 by M.W. Fry and Alva Green. The claims were given the...

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