Ogden Weekly Standard | 1905-11-10 | Page 5 | Kempton Mining Case

KEMPTON MINING CASE judge marshall reinstates injunction against U 8 mining company salt lake kov 7 the noted kemp ua mining case involving the ownership of ores valued at in bigham has been reopened the circuit court of appeals some almo ago di solved the injunction secured by col E A wall and and tha united state mining company resumed the work of extracting ore from the property yesterday this injunction was reinstated by judge marshall and the extraction ot ore has been en lirely discontinued the litigation was started by the united states company by bringing a suit against L M lawson et al abil arthe decision was for the defense the company then appealed to the circuit court it was then that col wall entered the suit the territory in question being about the same the issues ot col wall the ivanhoe mining company and L M lawson were joined an injunction was obtained restrain inythe united states company from taking out any more ore when tho matter was finally decided by the circuit court an appeal was taken to abo supreme court of the united states the court was not in session the jus lathom lT hom abo matter wag brought declined to hear the case and the dissolution of the injunction fol was then felled in the burelo court requiring tile circuit court to send up all papers concerning he case this was granted on the ground that the decision of the utah supreme court the court of appeals and the supreme court of tho united stacee were at variance with the do delon or the circuit court the ques tion ot priority 0 o righta in locations and la involved the keilp ton ground afi held by a location youster than the one claimed br the company though r patented before that company got out a patent abo supreme court has held in another casa that the first patent holds tho wall interests feel that they have won a victory by having tho casa reopened