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SILVER KING COALITION MINES CO. v. CONKLING MINING CO.

Nos. 158, 187.

255 U.S. 151 (1921)

41 S.Ct. 310

65 L.Ed. 561

SILVER KING COALITION MINES COMPANY v. CONKLING MINING COMPANY.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Thomas Marioneaux, with whom Mr. W.H. Dickson, Mr. A.C. Ellis, Jr., and Mr. R.G. Lucas were on the briefs, for petitioner and appellant, presented, among other points, the following:

Mr. Edward B. Critchlow and Mr. Wm. W. Ray, with whom Mr. Wm. D. McHugh and Mr. Wm. H. King were on the briefs, for respondent and appellee:

The Solicitor General, Mr. Assistant Attorney General Nebeker, and Mr. H.L. Underwood, Special Assistant to the Attorney General, by leave of court, filed certain suggestions on behalf of the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity brought by the respondent, the Conkling Mining Company, in order to establish its right to a large body of ore found under the southwesterly 135.5 feet of its patent as laid out by courses and distances, and to obtain an account from the petitioner, which has mined the ore, making a claim of right on its side. The District Court dismissed the bill. The decree was reversed by the Circuit...

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