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IN RE ROBERTS MINING & MILLING CO.

No. 561.

35 F.Supp. 678 (1940)

In re ROBERTS MINING & MILLING CO. (ADAMS, Intervener).

District Court, D. Nevada.

November 19, 1940.

Attorney(s) appearing for the Case

James T. Boyd, of Reno, Nev., for James T. Boyd and M. J. Haugh.

Hawkins & Hawkins, of Reno, Nev., for debtor.

E. F. Treadwell, of San Francisco, Cal., for intervener Fred C. Adams.

Mento & Read, of Sacramento, Cal., for A. E. Vandercook et al.

Gray Mashburn, Atty. Gen., for the State of Nevada.

W. R. Reynolds, of Eureka, Nev., for Eureka County.

Thatcher & Woodburn, of Reno, Nev., for Greenan & Co.

NORCROSS, District Judge.

Debtor and respondent are lessor and lessee, respectively, of a number of mining claims. By the terms of the lease, as originally executed with the approval of the Court and later as so modified, respondent was authorized to mine ore from said claims and to mill, smelt or otherwise reduce the ore so extracted, upon a royalty basis.

It is the contention of debtor and intervener that respondent has not accounted to debtor in full for...

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