KNAUSS, Justice.
We will refer to the parties by name, or as they appeared in the trial court where Winfield Urich was plaintiff and H. R. Hurd, individually, and H. R. Hurd, Associates, an unincorporated association, were defendants in an action commenced October 11, 1954. Urich sought cancellation of a certain "Mining Rights Lease" dated October 17, 1953 in which Urich and O. E. Phipps, (later an intervenor in the action) together with several other persons were...
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