United States Court of Appeals For the Ninth Circuit . n the case of Work MiningCompany vs. Doctor Jack Pot M. Co., 194 Fed., 620,114 C. C. A., 392. As we have heretofore said in this brief, it does notappear to us to be necessary to discuss the fact being that the asserted east end line plane asclaimed by appellant does not cross the apex of anyvein, but is laid upon a side edge, dispenses with thenecessity of Appellees combating the doctrine of theWork-Doctor Jack Pot case. Our apology to this Court for entering upon a dis-cussion of it is found in the length of Appellantsargume
United States Court of Appeals For the Ninth Circuit . n the case of Work MiningCompany vs. Doctor Jack Pot M. Co., 194 Fed., 620,114 C. C. A., 392. As we have heretofore said in this brief, it does notappear to us to be necessary to discuss the fact being that the asserted east end line plane asclaimed by appellant does not cross the apex of anyvein, but is laid upon a side edge, dispenses with thenecessity of Appellees combating the doctrine of theWork-Doctor Jack Pot case. Our apology to this Court for entering upon a dis-cussion of it is found in the length of Appellantsargument and his apparent conviction that the rulethere laid down has some application to the facts atbar. ! Furthermore, we are strongly of the opinion thatthe Court in the Work-Doctor Jack Pot case hasfallen into an error which ought not to be therefore take up this case for consideration. The facts of the case may be illustrated by a diagram 30 prepared from the record in the case, which we here-with reproduce as Figure 13. Figure 13. The Little Clara owned by the Work Mining Com-pany was a prior patented claim. The Lucky Cornerowned by the Dr. Jack Pot Company was located inthe form indicated by the dotted lines. Patent wasissued describing the dotted area and excepting con-flicts with prior claims—the net patented surface beingindicated by the irregular shape marked with theheavy black line. The controversy arose over theore bodies underneath the Little Clara surface, whichpertained to two so-called secondary veins apexing inthe Lucky Corner, known as Number One and TimberDrift veins. The action was ejectment by the DoctorJack Pot Company to recover possession of the seg-ments of the so-called secondary veins underneath theLittle Clara. With the discovery vein in position as indicated onfigure 13 passing through the discovery shaft, therule defining extralateral rights on secondary veins by 31 application of the planes of the discovery vein w^asi
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