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STATE EX REL. MILCHEM v. THIRD JUDICIAL DIST. CT.

Nos. 5467, 5483.

445 P.2d 148 (1968)

STATE of Nevada ex rel. MILCHEM INCORPORATED, a corporation, and Tony Miller, Petitioners, v. The THIRD JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF LANDER; Honorable John F. Sexton, Judge thereof, and William Roberts, William Lauritzen, and Lyman Thomas, Respondents.

Supreme Court of Nevada.

Rehearing Denied November 12, 1968.

Attorney(s) appearing for the Case

Cooke & Roberts and George G. Holden, Reno, for petitioner, Milchem, Inc. Harry B. Swanson and Richard E. Fray, Reno, for petitioner, Tony Miller.

Gordon W. Rice and Leo P. Bergin, Reno, for respondents.

OPINION

MOWBRAY, Justice:

Respondents Roberts, Lauritzen, and Thomas commenced an eminent domain action under NRS 516.010-516.060 against the petitioners. Petitioner Milchem Incorporated is the present owner of the property. Petitioner Miller is one of Milchem's predecessors of title.

These respondents filed a notice of location in 1963 for certain minerals on Miller's land. Later that year a certificate of location was recorded for another claim on...

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