Nevada-Pacific Development Corporation v. Gustin

226 F.2d 286 NEVADA-PACIFIC DEVELOPMENT CORPORATION; V. E. Willey; G. F. Sturdevant; C. Fitch; L. A. Prisk; Bill Gregory; D. Hulbert and George N. Tausan, Appellants, v. Harley W. GUSTIN, Appellee. No. 14553. United States Court of Appeals Ninth Circuit. Oct. 11, 1955. Walter Rowson, Reno, Nev., Paul D. Laxalt, Carson City, Nev., William J. Crowell, Tonopah, Nev., for appellants. Richard R. Hanna, Carson City, Nev., Fred H. Evans, Salt Lake City, Utah, for appellee. Before HEALY and BONE, Circuit Judges, and JAMES M. CARTER, District Judge. HEALY, Circuit Judge. 1 This action was brought by appellee to quiet his title to certain unpatented lode mining claims situate in the State of Nevada. As brought, the suit involved what are designated as the Kay Cooper claims Nos. 1 to 11, inclusive. The court granted a decree, D.C., 125 F.Supp. 811 , quieting title to the Kay Cooper claims Nos. 6, 7, 8, 9, 10 and 11. The appeal is from the judgment only as regards four of the claims, namely Nos. 6, 8, 9 and 10. 2 These claims were located by appellee's predecessors in interest during the years 1948 and 1949. Subsequently, in 1951, appellants made lode locations upon the areas embraced within…