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ZUEGER v. BOEHM

Civ. No. 8496.

164 N.W.2d 901 (1969)

Arthur ZUEGER, Emil Zueger, Jr., Paul Zueger, Sonja Zueger, and David Zueger, Plaintiffs and Appellants, v. Leo BOEHM, and Morton County, a Public Corporation, Defendants and Respondents.

Supreme Court of North Dakota.

February 7, 1969.

Attorney(s) appearing for the Case

Vogel, Bair & Graff, Mandan, for plaintiffs and appellants.

Richard P. Gallagher, Mandan, for defendant and respondent Leo Boehm.

Lester J. Schirado, Morton County State's Atty., for defendant and respondent Morton County.

TEIGEN, Chief Justice.

This appeal is from summary judgments of dismissal of the plaintiffs' complaint.

The plaintiffs brought action to enjoin the construction of a road grade upon an unimproved section line which bisects the plaintiffs' farm, and also seek damages for trespass and severance. The defendants separately moved for summary judgment of dismissal of the plaintiffs' complaint. During the summary judgment proceedings the parties stipulated that the...

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