CHRISTENSON, District Judge.
Plaintiff brought action against the corporate defendants, respectively lessee and operator of certain mining claims, to enforce an assignment in his favor from Hersey W. Young, Jr., intervenor, of a portion of the latter's over-riding royalty interest in the claims. The case now turns on an issue of fact and an issue of law which were not suggested by the original complaint but arise from the answer of the defendants and the complaint...
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