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defendant Cotter Corporation was entered by the Court.
court, after having heard the evidence produced by and on behalf of the plaintiff the defendants Sturgis and Thayer, and the additional clcfondants on counterclaim, and being fully advised, has entered herein its findings of fact and conclusions of law, and it appearing that a judgment thereon should be
entered herein, the Court having found generally in favor of the plaintiff and the additional defendants on counterclaim
and against the crtendants;
WHEREFORE, IT IS ORDERED, ADJUIGID AND DECREED:
That this court has jurisdiction over the parties
and the subject matter of the action.
2. That the defendants take nothing by their counterclaim herein filed as against the additional defendants Continental
Oil Company, Natrona Service, Inc., Ray Allemand and Allemand,
and that judgment in favor of the said additional defendants
on counterclaim and against the defendants be and the same hereby
is granted and entered.
3. That plaintiff, having complied with the laws of the
Ite State of Wyoming and of the United States respectingudesation of lode mining claims, has the right to possession and is in possession of the eight yroups of lode uraniuni mining claims described in the findings of fact and conclusions of law.
That the mining claim location certificates recorded
in the office of the County Clerk of Converse County, Wyoming; by defendants and the physical acts performed by or on behaif
of defendants upon portions or the lands covered by plaintiff's said claims vested no rights of any kind or nature, nor do
any rights exist, nor were any rights created thereby in the
defendants in and to any portion of the lands covered by
plaintifs's said claims.
That plaintiff's possession is against defendants is
exclusive so long as plaintiff continues to work toward
discovery as disclosed by the evidence in this case,
the defendants be and they hereby are enjoined and restrained
from entering upon the said claims of plaintiff above described
or interfering in any way with the ciuis of plaintiff in
and to the same for so long as plaintiff continues in possession
working toward discovery.
IT IS FURTHER ORDERED that the parties shall pay their own
Ceptember 28, 1977 I, Elmer L. Gibson, make the follouing voluntary statement to Richard A. Frandsen and Benjanin 11. Inethurst, who have identified thenselves to me as representatives of the Subconnittee on Oversight and Investigations, Connittee on Interstate and Foreion Commerce, U. S, House of Representatives, Washington, D.C.
I am 63 years old and a native of Louisiana. Prior to 1958, I was enployed as a rough neck doing offshore oil field work. I worked for several companies including Global l'arine, Cdeco, Kerr-McGee, Penrod and Loffland Erothers during a period of over 20 years.
Sometime in the spring of 1963, Lavern R, Tiatlock, a relative of mine by marriage, came to Louisiana and hired me to go to work for him starins uranium lode minins claims in the bed Besert area of Wyoming. llatlock as the field forenan for Ralph Schauss of Casper, 'yoning, who was ny employer and who paid my wages. I was hired at the rate of $20 per day, plus room and board. I was hired as a contract laborer and had never staked a mining c.lain before--in fact, I didn't knox what a claim yas at that time.
I moved my family to lyoning and rented a house for them in Casper; hoirover, I lived in a trailer located in the Red Desert area for the next 2 1/2 to 3 years. I started staking clains for Schauss in the Red Desert in the sunner of 1952. At that time, llatlock had staked approximately 2,000 claims in the area, including the RE claims, which were generally east of liarsoll Crossing in Tour.ships 25 and 26 korth, Ranses 91-94 Hest.
Among the first claims I helped stake rere the lat and Rob claims. A few months after I began working for Schauss, llatlock quit over a disagreement with Schauss, Schauss told me to take over the claim staking operations in the Red Desert. As had been done with all the previous claims, I continued to stake in the following nonner: I would shoot a discovery monunent (D) line with a compass and walk that line putting in location monuments and one corner post per clain. lone of the claims were properly surveyed, nor did I use a transit or a chain in narking off the distances. I would simply walk off approximately 300 feet and put in a location monument, then walk off another 300 icet and put in a correr post, and so on for a distance of maybe five miles at a time. dic side centers or the other two corner posts were put in. This is tlic way I staked approximately 13,000 claims in the Red Desert of Wyoming :ith the folloring claim names: Pic, Pal, Cox, lf, Poco, H, Poe, Zic, llat, Nos, P, Ben, C, Charley, SL, Bill, Joe, RK, To, Dii, Red, Bad, Bud, Oil, Ted, lat, Dot, red, Cap, kics, 300, Pes, Pete, Box, Per, res, Girl, Kate, Tad, Boot, Jac's, King, Queen, Blue, Don, Ace, Bou, Jin, Pin':, Hazel, Ruth, Sam, Ton, Cib, jutt, Ass, Jesi, ilu, raj, DOCY, Tip, Deb, Abe, kaj, lach, Ray, John, Key, Oly, Iai, Goil, Art, Dan, Joe, lark, Luke and rai.
Scheu:s toli ne not to lorry about the side center sta'res and the other :: :1d posts ::hich I kne:: uere required by the Ponir la!!. He said that we ::ould put those in laier, Jut ::€ ncvar cid. lie 20 orried about major oil corpunics conins ir, and stains the nec? Desert ada 22d told me to "Set the 3:00:? in the Cound," meaning the location monuments and one corner stake. lie told me to cover as much could as possible, as quickly and 20 uply as I could.
:lyonins la: also requirca 50 feet of validation drilling per clain. Schauss told me to do validation drilling only on those claimo close to the roads thich :ind throuch the arca. lle told me to do a 500:? job on those and I drilled five 10 foot holes on those clains next to the roads with a small llayhew drillinö ris. o other validation drilling has done on any of the clains which irere allay from the roads, izhich amounted to about 95" of the total claims involved.
Hoi a clain that I staked for Schauss in the Red Desert was legal-110 liay in the world.
As locator of these 18,000 clains in the Red Desert, I ras instructed by Schauss to sign the location certificate for cach clain, thich Schauss then filcd 12 the county clcrk's office in Grcer River, 'yonins. I did co kinoiing the claims tere invalid. As long as I was working for Schauss, I felt I had to do as I as told, and he told me it was my job to sign the certificates 2s locator. At Schauss' direction, I then signed quitclaim decds conveying the claims back to Schauss, and received no money in return. The only location or validotion drilling work that 20 ezer done on any of these 19,00n clains 25 either done by me personally or by individuals who yere under my direct supervision as members of my cron.
Sonetime around Septonber of 1970, Specialized Drilling Company 0:2 Casper, yoming, drilled a number of exploratory 1012:, approximatelj ono milc apart, co some of these 18,000 claims. To my kno::ledge, with the exccptio ci 0:0 hold, 10 evidence of warium 100 cound any here on üliere clains. Shortly citer the completio. of this exploratory drilling, Schau:3 carc inc directions on ho: to "sall" those drill holes to make it appear tact there iras waniu there. I iras to go to a producing waziur ninc and not sanples from the dump pils and then nix this uroniun material in with the cuitings ico. trio specific holes that rere drille.. I told Schauss that I rcfused to do this, and he did not pursue it. Shortly after this, Schcuss hired lajm.0.2 Chico, a consulting ceologist, to write a report on the possibilities of uraniw in the icd Desert based on the exploratory filling that 12.. done. Chico come to the led Desert and I sho:cd hir: arounal and he later wrote a report ::hich I read. I 27 not a geologist; horiever, I co70:: the hed Desest as rell as any man and I kno: that 5eologists for other companies believe there is no uraniu potential in the sectiei Desert at all. It has been descsÄA besi as "goat fasture" and a "shepherder's drcan."
The Dirty time I did my assessment or on these claims as in the sunner of 1972. Wyoming la:: requires that $100 orth of i:or": be done on clain cach yoar in order to maintain it. Schauss told me to go out drill around here I could be scor by anyone conins through the red Desert 0102. I did this for about tarce reeks 21 orly drilled acout 2,000 fcet. I drilled near the 100 ulce I could be coon and the ava:2:e depth of the holes 3 about 20 to 30 feci. Tin? drilli: rij broke dor several times anil I had to Go to Cro: for pris io repair ii. Johauss thon irstruciod 2 to chic 100.? on azor, ihich I 2:2 on cuci 2', 1972, This Troc. of Labor victoi that I a: pozorni: " Cis5.72! :ock in the neocatner. Carlointion Conga?for follo::1:7; cleinc: in, Toco, ., roe ani nic. This docuint 19. filo? :n 120 com o?cm"'.: Orico, Crce: Tirex, oriji on l'ut?? 1972. into the tic tai chumc handed neho Iroo. 02 2003 One
- 3 I had never heard of Western Exploration Company, Schauss did not ask me to furnish hin with any of the cuttings from the holes I drilled or any core scumples. To my !nowledge, no ceo.lojic analysis 20 made in connection. "ith the drilling I dia. The only reason I was out there doins this drilling 1.28 to make it look like assessment roc': 1120 being done. The total value of the work I did could anount to no more than 3,000.
Later that same year, 1972, I had nisçivinos about having siõned the Proof of Labor document which I kned to be false. I contacted an attorncy in Caoper, yonins, and he prcpared an affidavit for ne unich I signed on Decenior 14:, 1972, which stated that with the cxccption of the approximately 2,000 foot of drilling no other kind of labor os improvenenis has done by no on any other clain3 in the state of 'yonins, and in particular, the lode nining clains in the red descrt.
In approximately 1971, I nord iron the rod Decert to Cosper and rocked out of there. During the period icon 1.971 io 1975, I staked a nunocr of uraniu lode inining claims for nalgh Schauss in Utah and Colorado. I sta'cd approximately 3,000 claims ir 50 Juon County, Utah, and another 10,000 claims in Garfield Couniy, Utah, for Schauss. I also staled appro:timately 2,000 claims for Schauss in Park and CrafTec Counties, Colorado. Altogether, from 1969 through 1975. I staled approximately !0,000 claims for Schauss, not one of these claims ::23 lejä?ly stakea. In overy instance, I sia'cd those claing just like I did the ones in the hou josert, thai is, putlino in only location monuments and a Corder stalic. I never vorl:ců with a trait or chain. I juci wed a compe odlied a line. I followed the sane procedure as in the Red Desert, result of the inropec stating and lack of surveyingi noncoi the lodc clinimo which I staked for Scieuss are marked on the ground in a 119.7 ihai the boundaries Ceo readily traced.
At all times sinca the beginnine of my onploynent by Sclauss, he !!:) fully alarc of the manner in which the clains were beins starred, kner: thai they rrerc inproperly staked and validatoe!, and therefore in:alie, and on morous occüions even told 1.10 thai I was doing a good jou. 'le has visited the various c.lain croups card? seen then in my presence.
On Friday or Saturday night, September 16 or 77, 1977, Schauos ielephoned me in Jona icoCapor. lc told me that he had jusī boon risiicà uy tirco Consi'essiona? investigators no vece checking on the Pied Descri claims thać rere ino...ed in this timsaction bet:een Trononi Drezdy Corporation and the Washington Public To::01 Dupply. Po told nc noi io tory aboui aasthirüs but that ir case ingy can? to one, not to mention within about the clains in Utah.