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YOUNGSTOWN MINES CORP. v. PROUT

No. 38,615.

266 Minn. 450 (1963)

124 N.W. (2d) 328

THE YOUNGSTOWN MINES CORPORATION v. CLARENCE PROUT, COMMISSIONER OF CONSERVATION.

Supreme Court of Minnesota.

October 18, 1963.

Attorney(s) appearing for the Case

Walter F. Mondale, Attorney General, Frank J. Murray, Deputy Attorney General, and Gordon C. Moosbrugger, Special Assistant Attorney General, for appellant.

Nye, Sullivan, McMillan, Hanft & Hastings and Donald D. Harries, for respondent.

NELSON, JUSTICE.

On February 20, 1958, The Youngstown Mining Corporation (hereinafter referred to as Youngstown), pursuant to Minn. St. 6.136, submitted to the commissioner of conservation a verified claim for refund of royalties it had paid the state under a mineral lease covering a portion of the bed of Rabbit Lake. The claim for refund was based on a provision of the lease respecting the ownership of the ores mined under...

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