Show MONTANA COURT RFVESRED Federal Circuit Court of Appeals Passes Upon McCoy Cnso San Francisco Oct 8The United States Circuit Court of Appeals today reversed the decision of the CircuitS Circuit-S court of Montana In the case of the S Unlied States vs McCoy et al The case of the St Louis Mining and Milling company of Montana vs the Montana Mining company limited was remanded to the Circuit court for a new trial as to the damages alleged and the recovery sought for the conversion con-version of ore between the planes indicated indi-cated on the map showing the location of the mine Judge Ross dissented from the decision Judge Morrow who wrote the majority major-ity decision said The question under present consideration is when a secondary a ondary or incidental vein crosses common side lino between two mining locations at an angle and the apex of the vein Is of such width that It Is within ono partly for a given distance claim and partly wIthin the other to whom does such portion of the vein docs not ap This question belong pear to have been ever directly med claim by the courts A mining upon having and can have but two end lines established they become the been once the veins found within end lines for all surfaco boundaries The line In dispute cannot be con Bldercd the end line for the Drum Lum of in construction Vein If then mon the twentyfive feet of contra law in the be either upon the apex must voray location or the other and if the one has priority of title It senior locator would follow that the right of lateral would remain with the senior pursuit parallel to the locator whom In a plane and to end line of the senior claim up of the apex or the pont of departure footwall inasmuch as in this case the licit statute nor authority Permits neitimer ion of division of the crossing Portion a favors and the weight of a unity the vein line senior locator time entire vors the under as apcslng considered must the senior be location until It has whollj passed beyond its side line |