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MORTENSON v. NORTHERN PACIFIC RAILWAY COMPANY

Civ. No. 1631.

295 F.Supp. 158 (1969)

Morten MORTENSON, Clair Schillinger, Gerald A. Gunderson, George H. Hill, Orville G. Olson and Vera Olson, Plaintiffs, v. NORTHERN PACIFIC RAILWAY COMPANY, Defendant.

United States District Court D. Montana, Helena Division.

February 4, 1969.

Attorney(s) appearing for the Case

Small & Cummins, Helena, Mont., Milton G. Anderson, Sidney, Mont., for plaintiffs.

Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., Earl F. Requa, Gen. Counsel, Northern Pacific Ry. Co., St. Paul, Minn., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Plaintiffs seek in this action to establish title to the minerals under lands acquired by them or their predecessors from the defendant railway company. The complaint alleges that all of the deeds by which plaintiffs or their predecessors received their lands contained this reservation:

"* * * excepting and reserving unto the grantor, its successors and assigns, forever, all minerals of any nature...

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