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MORTENSON v. BURLINGTON NORTHERN, INC.

No. 24093.

434 F.2d 1314 (1970)

Morten MORTENSON et al., Plaintiffs and Appellants, v. BURLINGTON NORTHERN, INC., a Delaware corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

December 15, 1970.

Attorney(s) appearing for the Case

Floyd Small, Helena, Mont. (argued), of Milton G. Anderson, Sidney, Mont., and Dale Cox, Glendive, Mont., for appellant.

Cale Crowley (argued), of Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., Earl F. Requa, Gen. Counsel, St. Paul, Minn., for appellee.

Before CHAMBERS, BROWNING and KILKENNY, Circuit Judges.

PER CURIAM:

Here an effort is made to get mineral rights excluded by the terms of the grant from appellee's predecessor.

The district court was unable to distinguish this case from Russell v. Texas Co. (Northern Pacific Railway Co.) (9th Cir. 1957), 238 F.2d 636, and ruled against plaintiffs-appellants, 295 F.Supp. 158.

We are unable to distinguish Russell either...

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