THOMAS, Circuit Judge.
In this case the appellant as plaintiff in the district court sought to recover from the defendant a 2% overriding royalty on lead and zinc ores mined by defendant under three leases granted by the owners of the land to another and assigned to the defendant. Right of recovery was denied by the defendant. The case was tried to the court without a jury. Judgment was entered for the defendant, and the plaintiff appeals. Jurisdiction is based upon...
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