Chicago Copper & Chemical Co. v. Apex Mining Co.

HARPER, Chief Judge.

This cause was originally tried to this court without a jury on February 26 and 27, 1959. Subsequently, this matter has been appealed twice to the Eighth Circuit Court of Appeals — second appeal came after this court entered a memorandum opinion on June 29, 1961 — and is now before this court for a third hearing. The circumstances which gave rise to this litigation are adequately stated in 281 F.2d 530. The most recent opinion of the Eighth Circuit Court of Appeals can be found in 306 F.2d 725.

The Court of Appeals affirmed this court’s judgment rendered on June 29, 1961,…