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JIM BUTLER MIN. CO. v. WEST END MIN. CO.

No. 249.

247 U.S. 450 (1918)

38 S.Ct. 574

62 L.Ed. 1207

JIM BUTLER TONOPAH MINING COMPANY v. WEST END CONSOLIDATED MINING COMPANY.

Supreme Court of United States.

Decided June 10, 1918.

Attorney(s) appearing for the Case

Mr. Curtis H. Lindley, with whom Mr. Hugh H. Brown, Mr. Wm. E. Colby and Mr. J.H. Evans were on the brief, for plaintiff in error.

Mr. W.H. Dickson, with whom Mr. S.S. Downer, Mr. A.C. Ellis, Jr., and Mr. H.H. Atkinson were on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is a suit by the owner of two lode mining claims — the Eureka and the Curtis — to enjoin the owner of an adjoining lode claim — the West End — from exercising an asserted extralateral right in respect of a vein extending beneath the surface from the latter claim into the others. All the claims are patented and their ownership is conceded. The Eureka adjoins the West End on...

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