In the case of Gregory Consolidated Mining Company v. Starr, 1890, the U.S Supreme Court ruled in favor of Starr. The dispute arose over a mining claim in Montana where both parties claimed ownership rights to valuable mineral deposits discovered on public lands. The court found that Gregory Consolidated Mining Company had not complied with federal law requiring them to perform $100 worth of labor or improvements annually on each claim they held for it to remain valid. Therefore, their claims were deemed abandoned and open for relocation by others under the General Mining Act of 1872. On this basis, Starr's subsequent location and possession was upheld as legal and valid since he performed required annual work after locating his claims upon what had become open ground due to abandonment by previous locators.

In the dissenting opinion for Gregory Consolidated Mining Company v. Starr, it was argued that the majority's decision to uphold a lower court ruling in favor of Starr contradicted established principles of property law and equity. The dissent took issue with the majority's interpretation of mining laws, arguing that they had been misapplied in this case. They contended that Gregory Consolidated Mining Company had a valid claim to the disputed land based on their prior use and occupation, which should have been recognized under existing mining statutes. Furthermore, they disagreed with how evidence was evaluated by both courts; asserting there were factual errors made during trial proceedings which unfairly prejudiced against Gregory Consolidated Mining Company’s claims. Thus, according to them justice would be better served if these errors were corrected and legal principles properly applied.