United States Court of Appeals For the Ninth Circuit . the cases were tried doesnot disclose the state of development on the vein un-derneath the surface of any of the properties of eitherthe Bunker Hill & Sullivan Mining and Concentrat-ing Company, Appellee in cause No. 2389, or theSierra Nevada Mining Company, Appellee in causeNo. 2391. This development is negligible as to theseproperties. With the vein in position as disclosed inthe record in the State Court in Stewart Company Company, which was by stipulation made therecord in all three of the causes here pending, the posi-tion
United States Court of Appeals For the Ninth Circuit . the cases were tried doesnot disclose the state of development on the vein un-derneath the surface of any of the properties of eitherthe Bunker Hill & Sullivan Mining and Concentrat-ing Company, Appellee in cause No. 2389, or theSierra Nevada Mining Company, Appellee in causeNo. 2391. This development is negligible as to theseproperties. With the vein in position as disclosed inthe record in the State Court in Stewart Company Company, which was by stipulation made therecord in all three of the causes here pending, the posi-tion of the vein underneath the Silver Casket, Saxon,Marion, Lazy Jean and Ace claims of the BunkerHill & Sullivan M. & C. Co. and the Sierra Nevadaand Carbonate claims of the Sierra Nevada MiningCompany may be inferred. The accompanying Figure 2 will illustrate the factsas found by both State and Federal Courts in theStewart-Ontario Case, and for all practical purposeswill suffice as the basis of discussion of the three causesabove Figure 2. This figure is substantially the same as the one usedby the Court below in its decision appearing at page40 of the transcript, Cause No. 2390. We are not here concerned with rights flowing fromthe Senator Stewart claim. Appellant rests its claim in these actions upon itsownership of the Senator Stewart Fraction claim, as-serting an extralateral right to follow the vein outsideof the boundaries of that claim, thus claiming theownership of all the outside parts of the vein lying tothe west of a vertical plane drawn through the easterlyboundary line of the Stewart Fraction claim, the line1-2-3 o^ Figure 2 extended indefinitely includes the ore bodies in dispute underneath theOntario claim, and the segments of the vein under-neath the properties of the Appellees, Bunker Hill & Sullivan M. and C. Co. and the Sierra Nevada Mi-ning Company which are shown on Figure i ante. The facts as illustrated on Figure 2 are practicallyc
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