Show i GRAND CENTRAL MINING NING CO eo GIVEN GIYEN DAMAGES m After Ten Tell t Years Year of Continuous Litigation l II fl the h Famous F L K ln I Case Is Ended t Upholding the judgment of the Fifth district court the o rt I I yesterday handed down donan an awarding damages d n to tOV V the Cen Central Central Mining company ny amounting to in its old suit against the thc Mammoth Mining company The opinion was written by Chief Jus Justice Justice Justice tice D N X and concurred in by Justice W M McCarty cCarty and Justice J E Frick The companies hold adjoining prop properties properties in the Tintic district The ruling of the supreme court set settles settles ties this famous case which has been in inthe Inthe Inthe the courts for more than ten y ars and which h has bas attracted no end of attention in mining circles The decision is be believed believed believed to be final as there are no fed federal federal eral laws involved it is said Mid and the case could not therefore 1 be e appealed led to the supreme court of the The case was once carried there while still pending before th Utah supreme court but was dismissed d on the ground that as asno asno asno no federal law was wae involved tb the supreme court of the United States had no juris june jurisdiction jurisdiction diction in the matter For years yer mining g men men V have V been inter interested Interested interested ested In the suit which originated In a fight between the two companies over the charges of the Grand Central Cental Central that the Mammoth employee had bad taken possession of a rich vein of or ore which crossed cro ed Both oth properties The rh first f nt northerly rl extension e of the Mammoth company crossed cr sa d th h claim of the Grand Central The Grand Central claimed a part of this th vein and also asked damaged against the Mammoth for ore already mined Tha Th Th Third district court held that the vein was rightly the property of the Grand vein and also asked damages against the amount of J l Ise 9 During the years ears since then the Mammoth company has stub stubbornly stubbornly fought the case and the interest on the original judgment of has baa raised the th amount of damages to with S per cent interest since 17 Errors Overruled The assignment of errors in the case cae was lengthy a principal one being that the trial court erred in trying the t e is Ja issues issues sues of if the case cas while an appeal was wall j pending on another phase of the case cue in inthe inthe I Ithe the d V States supreme court which was finally dismissed for lack of juris jurisdiction diction The validity of its own appeal was attacked by hy y the Mammoth company on the grounds that the judgment to which the appeal had b d been taken was walS not V Continued on Page age 2 V 0 GRAND CENTRAL MINING CO GIVEN DAM DAMAGES AGES Continued front froni Page 1 1 final and therefore not Dot at the time The Tb assignment of ot errors eros was over oyer overruled overruled ruled by the supreme court however and the district court upheld The litigation of ot the Grand Central and the Mammoth mining miffing companies has baa probably cost coat more mors in attorneys fees and court costs than any other in the history of From the district dl court of Nephi to the supreme court of ot the United States it has hu traveled with attorney and litigants fighting every eel inch of 0 the way WHY For Joor several years before the suit stilt was Has started there was trouble between the two Companies and it was charged char that the Mammoth company was taking ore out outside outside side aide Its side lines The trouble finally reached a on Sept 9 ISM 1519 1 when suit ault was wu filed flIed at t Nephi against the lam ilin moth company com pan for damages for tor the ore alleged to have hae been illegally extracted from the tile Grand Central property The These ease case se was as tried before Judge fudge Higgins and Judgment jud nt was rendered in favor faor of the Grand Central Judge Higgins left the Uie bench shortly after and Judge Thomas Marioneaux took his place The latter granted a new ne trial and the case ca e was called cal for a bearing ha on O Nov Nor 18 1 1 ISM u and ane lasted lat until unu Feb Fe 1 1 1992 l The Jury Ju decided de in favor of the Grand Central An A appeal appl was w then taken to the state supreme court crt The caw caH cH was argued arge in inthe inthe the th early ely part of D but not no decided at that time as Chief Justice Baskin left the bench and was wa succeeded by Jus Justice Justic Justice tice tic The supreme court decided deldo the case c In IMS 1 19 Justice George W Bartch Barich writing the decision deon in favor of the Grand Central It I was wa following this that the tho case was ws taken to the tb up re court curt of the United States Stat There Tre after some Im delay lay the case cs was wa argued a and ad submitted While this was wa pending the th case C WIS was as again agin tried before bore Judge Juge Greenwood Gren t at X at which time Ume the th were assessed ae This Tl was W the th purpose pup of the trial at that time and carried cred out the Instructions of oft the t supreme court of Utah The supreme court curt of the United States State turned turne the case down do for tor lack laek of jurisdiction Following the trial before Judge Green Greenwood Gren Greenwood wood wo which was in June and July this action acton was wa appealed to the supreme court cou of Utah The Th appeal appal that was filed fe at that time asked for tor a complete review of the case cas It I was WIS this case which was wal decided deide yesterday etera affirming the decision of the tle lower court The Te Judgment of at Judge Greenwood as ass eseed s the damages at at 91 and inter interest set est et The ao Interest rest raised rise the amount to 50 or more Tills This drew Interest at the rate of 8 S per pr cent The accrued interest awarded yesterday by bythe b bythe the action acton of ot the supreme sUI eme court curt raised the amount amunt to slightly more than li 0 The judgment means that the stockholders Rt ers ens er of or the th Grand Central company will wi soon sn be b receiving a dividend It I is un on understood that It I Is the Intention of the to tu pay payout out this thi amount In as 3 soon SIn as It Is Js turned over Tl This s sv v 1 I nuan mn a dividend of something lUo l 3 i cents centa a share for tor stockholders |