Morten Mortenson, and v. Burlington Northern, Inc., a Delaware Corporation

Ninth Circuit

Morten Mortenson, and v. Burlington Northern, Inc., a Delaware Corporation

434 F.2d 1314

Court of Appeals for the Ninth Circuit·Decided December 15, 1970·No. 24093·Published

Opinion

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. So we affirm.

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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. So we affirm.

Morten Mortenson, and v. Burlington Northern, Inc., a Delaware Corporation, 434 F.2d 1314 (9th Cir. 1970).

Pincite

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Opinion

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