Monolith Portland Cement Co. v. Gillbergh

MOSK, J. pro tem. *

This appeal from a judgment of dismissal, entered following the sustaining of respondents’ demurrers without leave to amend and the granting of respondents’ motion to dismiss, involves a conflict between a purported mining locator claiming rights under the general mining laws (30 U.S.C.A. § 22 et seq.) and a lessee under the Mineral Leasing Act of 1920 (30 U.S.C.A. § 181 et seq.).

Appellant is a manufacturer of cement and uses the mineral gypsum in its manufacturing process. At various dates during the decade following September 1, 1938, appellant filed locations on seven…