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VOLKMANN v. CITY OF CROSBY

No. 8028.

120 N.W.2d 18 (1963)

Minnie VOLKMANN, Individually and as Executrix of the last Will and Estate of Andrew Volkmann, Deceased, Edgar Volkmann and Edna Anderson, Plaintiffs and Respondents, v. CITY OF CROSBY, a Public Corporation, Defendant and Appellant, and Great Northern Railway Company, a Foreign Corporation, Defendant and Respondent.

Supreme Court of North Dakota.

February 21, 1963.

Attorney(s) appearing for the Case

Milton K. Higgins, Bismarck, for plaintiffs and respondents.

F. Leslie Forsgren, Crosby, for defendant and appellant.

Nilles, Oehlert & Nilles, Fargo, for defendant and respondent.

Iver Acker, Bismarck, amicus curiæ.

MORRIS, Chief Justice.

This is an action to enjoin the defendants from drawing or permitting the drawing or pumping of enough water from a well located on a right-of-way of the Great Northern Railway Company across the Northwest Quarter (NW¼) of Section Thirty-five (35), in Township One Hundred Sixty-three (163) of Range Ninety-seven (97) to impair or reduce the flow of an artesian well located upon land constituting a part of the Estate of Andrew Volkmann, deceased...

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