Mountain Copper Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. The appellee was the complainant in the court below, and in its bill alleges that the defendant to the suit, appellant here, is a corporation engaged in the business of operating certain mines on section 34, township 33 H, range 6 W., M. D. M., and elsewhere in the neighborhood thereof, and of mining, roasting, burning, smelting, and refining copper and other ores mined therefrom, its…
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Appeal from the Circuit Court of the United States for the Northern District of California. The appellee was the complainant in the court below, and in its bill alleges that the defendant to the suit, appellant here, is a corporation engaged in the business of operating certain mines on section 34, township 33 H, range 6 W., M. D. M., and elsewhere in the neighborhood thereof, and of mining, roasting, burning, smelting, and refining copper and other ores mined therefrom, its works being on section 18, township 32 N., range 5 W., M. D. M., and upon other land near thereto; that the complainant…
1Opinion of the CourtRoss, Circuit Judge
In considering the case it is important to remember that the question to be determined is one between the United States and the defendant company only; the government suing, not in its sovereign capacity, but as a landowner, to enjoin alleged injuries to its property, not directly, but indirectly, through the maintenance of an alleged nuisance by the defendant on its own property. If other owners of land have been so injured by the same or similar acts of the defendant as to entitle them to an injunction, or to any other relief, it will be time enough to consider their grievances when they…
2Cases cited14 opinions
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- United States v. SmithSupreme Court of the United States · 1877
- Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836
- United States v. Detroit Timber & Lumber Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. BarkerSupreme Court of the United States · 1827
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hulbert v. California Etc. Cement Co.California Supreme Court · 1911
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Folk v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1936
- McCarthy v. Bunker Hill & Sullivan Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1908
28 more not listed; retrieve them via the Exa API.