v0817-357

IN THE

FOR THE

NINTH CIRCUIT.

MULTNOMAH MINING, MILLING

and DEVELOPMENT COMPANY,

a Corporation,

Appellant,

vs.

UNITED STATES OF AMERICA,

Appellee.

UPON APPEAL FROM THE UNITED STATES

DISTRICT COURT FOR THE EASTERN

DISTRICT OF WASHINGTON,

NORTHERN DIVISION.

BRIEF OF APPELLEE

I

STATEMENT OF CASE.

The lands which are the subject of this litigation

are located in the vicinity of the confluence of the

Nespelem and Columbia rivers on the south half of

the Colville reservation in Okanogan county, Wash-

ington. The two claims lying together constitute

one body of land adjacent to and under the waters

of Nespelem falls. The Peabody placer location takes

in both sides of the Nespelem river from a point

above the lower falls of said river to where it empties

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