Anaconda Co. v. Whittaker

This is an action involving the conflicting mining claims of Morton K. Whittaker and the Anaconda Company. Whittaker appeals from a judgment entered in the District Court, Sixth Judicial District, Sweet Grass County, in favor of Anaconda. Under the judgment, Anaconda is entitled to the possession and enjoyment of the area covered by its Eve 62 and Eve 69 mining claims which conflict with Whittaker’s Pine mining claim. Whittaker also appeals from a denial of his motion for a judgment notwithstanding the verdict.

Whittaker located the Pine claim on October 1, 1950. Anaconda, on the other hand,…