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BUTTE COPPER & ZINC CO. v. AMERMAN

No. 11224.

157 F.2d 457 (1946)

BUTTE COPPER & ZINC CO. et al. v. AMERMAN et al.

Circuit Court of Appeals, Ninth Circuit.

September 24, 1946.

Attorney(s) appearing for the Case

W. H. Hoover, R. H. Glover, John V. Dwyer, J. T. Finlen, Jr., Sam Stephenson, Jr., and Kendrick Smith, all of Butte, Mont., for appellants.

Earle N. Genzberger, H. L. Maury, and A. G. Shone, all of Butte, Mont., for appellees.

Before DENMAN, BONE, and ORR, Circuit Judges.

ORR, Circuit Judge.

Appellees, seeking recovery for damages to a building owned by them in the city of Butte, Montana, brought this suit against appellants, owners and operators of a mine upon a portion of the surface of which the building in suit is situated. Sub-surface mining operations were carried on by appellants in the Emma mine, those nearest the surface being conducted at the 300-foot level. This suit is based upon the theory that blasting in the mine, a...

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