JOHN E. MILLER, Chief Judge.
Silica Products Company, Inc., (hereinafter referred to as Silica) on January 24, 1964, filed a motion for modification of the court's instructions to the Commission, or, in the alternative, that the issue of compensation be withdrawn from the Commission and tried to the court without a jury. The ownership of the parties in all the tracts in these two actions is set out in detail in the court's opinion in
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