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RUSSELL v. THE TEXAS CO.

No. 14246.

211 F.2d 740 (1954)

RUSSELL v. THE TEXAS CO. et al.

United States Court of Appeals, Ninth Circuit.

March 9, 1954.

Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, Mont., for appellant.

Coleman, Jameson & Lamey, Cale Crowley, Billings, Mont., Walter E. Will, Denver, Colo., M. L. Countryman, St. Paul, Minn., Robert P. Davidson, Billings, Mont., of counsel, for appellee.

Before BONE, ORR and POPE, Circuit Judges.

POPE, Circuit Judge.

The appellant filed a complaint in the District Court alleging three causes of action. The first cause states that the defendant Northern Pacific Railway Company received patent to a certain section of land pursuant to the terms of the Northern Pacific Land Grant of 1864, 13 Stat. 365; that it subsequently conveyed the land to plaintiff's predecessor excepting and reserving the minerals upon or in the land. It alleges that the purported exception...

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