Mortenson v. Burlington Northern, Inc. (434 F.2d 1314, 1970)

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.