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MILLS v. ROYSE

No. 1 CA-CIV 2332.

25 Ariz. App. 36 (1975)

540 P.2d 767

Jerome P. MILLS, Charles Black, Fred Plummer, Robert Barkley and Alfred Neault, Jr., Appellants, v. Chester F. ROYSE, Jr., and Karen L. Royse, husband and wife, Rlbert L. Wilson and Sybil Wilson, husband and wife, and Donald G. Charbonneau, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

October 9, 1975.

Attorney(s) appearing for the Case

Howard W. Gibbons, Phoenix, for appellants.

Jennings, Strouss & Salmon by John D. Harris, Leibsohn, Eaton, Gooding, Romley & Monbleau, P.C., by William H. Gooding, Goldstein, Mason & Ramras, Ltd., by David N. Ramras, Phoenix, for appellees.

OPINION

EUBANK, Judge.

This appeal questions whether the trial court erred in upholding appellees' placer location mining claims over appellants' subsequently located and conflicting lode mining claims.

On December 15, 1971, the appellees filed their complaint in ejectment and trespass against the appellants alleging generally, that they had the exclusive right to possession of certain United States of America public lands on which they...

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