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Monday, November 9, 2015

Funding for the White Hope Mine

The FKG Group, LLC
Fred Kelly Grant
Maryland Bar 1963

GEORGE KORNEC and PHIL NAPPO-----are names you should know and remember. The government they risked their lives for in the Korean and Viet Nam Wars is booting them off their property to kill their livelihood.
George and Phil are skilled miners who know how to mine and protect the natural environment at the same time. Quality of water from their site is higher than that of Montana cities’ drinking water. Their site is better managed than the burned, dying, and overgrown forest lands surrounding them. They manage better than the Forest Service.
They have survived years of bullying by arrogant, non-caring Forest Service bureaucrats. To top it off, the United States government has now sued them----the same government for which George, 81, served in the Korean War and later in a life,a threatening secret mission in Cuba--- the same government that Phil, 65, served in Phan Rang, Viet Nam.
I have stepped in to help them, along with a bright young Great Falls attorney, Josh Campbell, and a carefully chosen trial team of investigators and paralegal support. We are not just defending George and Phil; we are fighting back, arguing that their claims are private property rights under the Mining Laws of 1866, 1870 and 1872---laws the Forest Service chooses to ignore or bypass. You can see that all of you who use the Forest benefit from victory.
This is the case that has every issue: access denied, an RS 2477 given away by the county to the Forest Service, a charge of abandonment of rights under a law inapplicable to George and Phil, and a charge of damaging forest resources when in fact the exact opposite is true.
We have counter-sued the Forest Service to stop their bullying tactics. For years, miners have urged me to litigate the issues included in this case. At 79, I decided it was time. As Robert Kennedy asked “If not now, when; if not us, who?” Josh agreed, so here we are!
On October 1, we filed an Amended Answer and first Counterclaim seeking declaration of private property rights for George and Phil. A copy is attached.
Everyone can and will be affected by this case. You know who you are---you graze, log, mine, ride and walk the trails and roads, exercise water rights, pick berries, cut firewood and Christmas trees. You win when we win!
But, here’s the thing, we can’t win without YOUR FINANCIAL SUPPORT. To be brutally honest, we need YOUR HELP to pay the bills for Victory. George and Phil are prevented from getting revenue from their mine. They need help to pay Josh, myself and the trial team.

I have never personally asked you for money, but this case is too important to lose. Please visit www.standandfightclubinc.com to donate $20.00 or more to HELP US DEFEAT THE HEARTLESS BUREAUCRATS WHO REPAY OUR VETERANS BY TAKING THEIR PROPERTY. Our trial team will put our heart and soul into a victory. 


Please look for an update soon on this case at this blog.

And finally we have the new donation button for the Miners legal defense fund that goes directly to their bank in Lincoln Montana.

5 comments:

  1. I just sent a copy of the email and this statement to Presidential Candidate Donald Trumps campaign. I have asked him to go to Montana, and see if he can help these 2 veterans in this cause.....

    ReplyDelete
  2. Have the parties claimed the land patent into their names? If not, then the land no doubt is held under equitable title which is evidenced by a warranty deed, and with that, the "owner" has few if any rights. Most attorney's haven't used this method of securing absolute title to the land. In addition to that, there's a little caveat that can be done that makes the patent virtually judgment proof. It's not hard to do, just time consuming. If they need assistance creating a Declaration of, and Claim of Rights in and to Land Patent, Paul has my email address and can let me know how to get in touch directly. The last federal court case involving a land patent was Suma Corp. v California and up until then all cases had been decided in favor of the patent holder. The court said they would hear no more for that reason as the holder of the patent trumps everything in equity.

    M

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