New Mexico and Arizona Land Company v. Elkins

ROGERS, District Judge.

The question presented on the motion for a summary judgment filed by plaintiffs herein, is whether the clause “all oil, gas and minerals underlying or appurtenant to said lands”, in a reservation contained in a deed to property conveyed by plaintiffs, and eventually purchased by defendants, includes and covers uranium, thorium and associated mineral bearing ores in and under all of the lands described in the deeds.

The instant case was filed in this court on the grounds of diversity of citizenship, and the fact that the amount involved is claimed to exceed the sum of…