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FOOD MACHINERY AND CHEMICAL CORP. v. MARQUEZ

Civ. No. 3068.

139 F.Supp. 421 (1956)

FOOD MACHINERY and CHEMICAL CORPORATION, a corporation, Plaintiff, v. Nabor MARQUEZ and Isabel O. Marquez, his wife, Defendants.

United States District Court D. New Mexico.

March 23, 1956.

Attorney(s) appearing for the Case

Iden, Johnson & Mechem, Albuquerque, N. M., for plaintiff.

Robertson & Skinner, Raton, N. M., Bart W. O'Hara, Charles A. Murdock, Denver, Colo., for defendants.

ROGERS, District Judge.

The Complaint in this case seeks a Declaratory Judgment that the plaintiff Food Machinery and Chemical Corporation is, as the lessee of the Santa Fe Pacific Railway Company, entitled to prospect for, mine and remove all uranium-bearing ore which may be found upon or under the lands described therein.

To the Complaint the defendants filed a Motion for a More Definite Statement, and a Motion to Dismiss. As to the Motion to Dismiss, defendants...

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