MEMORANDUM
VAN SICKLE, District Judge.
At issue is the question of who owns the oil and gas under the 400 foot wide Northern Pacific Right of Way, as it passes through certain land in Stark County, North Dakota, on its way from Lake Superior to Puget Sound. The surface of the area involved is 37.03 acres.
The case comes up on cross motions for Summary Judgment, under Rule 56, Federal Rules of Civil Procedure.
There is no issue as to any material...
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