George v. Lyons

FOLTA, District Judge.

By this action the plaintiffs seek to recover the possession of two lode mining claims named the Billion Dollar and Gold Nugget and pray for an accounting for all minerals extracted therefrom, for damages and injunctive relief. The defenses are abandonment and forfeiture, with counterclaims for gold allegedly recovered and for compensatory and punitive damages for an assault allegedly made by the plaintiff Gus George, since deceased, upon one of the individual defendants. The plaintiffs relied principally on 30 U.S.C.A. § 38 which provides that:

“Where such person or…