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Show Brings Action Against Utah Conner Company and D. C. .Tackling, Its Manager. DECLARES ORE HAS BEEN EXTRACTED FROM HIS MINE Alleges That, Company Paid More Dividends Than Value of Product Mined. Colonel A. E. Wall Wednesday instituted in-stituted an action against tho Utah Copper company and 1). C. Jackliug, vice-president and general manager of the company. Colonel Wall ank that an injunction be issued restraining re-straining tho company from conducting mining operations in Iho Bingham properties prop-erties until the determination of the suit. Colonel Wall asks for $1,290,000, being be-ing the value of 21o,000 tons of gold, silver and copper ores, worth $6 a ton. This ore, tho complaint alleges, has been extracted from ihe Amanda, claim, which is the property of the plaintiff. Tho process of extraction, it :s alleged., has continued for souio time. Tho court is asked or an order permitting per-mitting Colonel Wall to make a survey of the property of the Utah Copper for the purpose of ascertaining the extent lo which tho Amanda has been damaged. dam-aged. Colonel Wall says that the Utah company should be restrained from paying pay-ing jiuy further dividends. Ho says that Mr. .Tackling made an ' nfli-. davit to the board of equalization in 100S that the company had taken out 1 .SSI .SIS tons of ore. and that tho net earnings were .$556.8 1 9.10. As a matter mat-ter of fact, Colonel Wall says, I wo dividends divi-dends declared by the Utah Copper company com-pany in lilOS wore $fJ)(5,3S7.o0. or .K19,-oGS.10 .K19,-oGS.10 greater than the figures of production pro-duction furnished the stato board of equalization. The plniuliff says that tho Utah Copper company has this jear. up to October .11, mined L'.'JOO.OOO tons of ore. and declares that if this rato be continued the deposits will soou bo exhausted. ex-hausted. Therefore, he asks the injunction in-junction against the paying of dividends as at least a part of such dividends would come from ore taken from the Amanda. |