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BUTTE & SUPERIOR CO. v. CLARK-MONTANA CO.

No. 598.

249 U.S. 12 (1919)

39 S.Ct. 231

63 L.Ed. 447

BUTTE & SUPERIOR COPPER COMPANY, LIMITED, v. CLARK-MONTANA REALTY COMPANY ET AL.

Supreme Court of United States.

Decided March 3, 1919.

Attorney(s) appearing for the Case

Mr. William Wallace, Jr., with whom Mr. T.L. Chadbourne and Mr. K.R. Babbitt were on the briefs, for appellant:

Mr. W.H. Dickson, with whom Mr. J. Bruce Kremer, Mr. A.C. Ellis, Jr., and Mr. William Scallon were on the briefs, for appellant:

Mr. John P. Gray, with whom Mr. W.A. Clark, Jr., and Mr. John L. Templeman were on the briefs, for appellees.

MR. JUSTICE McKENNA delivered the opinion of the court.

A contest between mining claims as to the right to the ores that may be not only inside the surface lines of the claims but outside their vertical side lines — dip or extralateral rights. It was commenced in the United States District Court for the District of Montana by a bill filed therein by the appellees Clark-Montana Realty Company and Elm Orlu Mining Company against appellant Butte & Superior...

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