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BJERKEN v. AMES SAND AND GRAVEL COMPANY

Civ. No. 8710.

189 N.W.2d 366 (1971)

Alvin C. BJERKEN et al., Plaintiffs and Appellants, v. AMES SAND AND GRAVEL COMPANY, Inc., and Schultz & Lindsay Construction Co., Defendants and Respondents.

Supreme Court of North Dakota.

Rehearings Denied September 2, 1971.

Attorney(s) appearing for the Case

Solberg, Anderson & Stewart, Fargo, for plaintiffs and appellants.

Huseby & Backes, Fargo, and Dosland, Dosland & Nordhougen, Moorhead, Minn., for respondent Ames Sand and Gravel Company, Inc.

Lanier & Knox, Fargo, for respondent Schultz & Lindsay Construction Co.

ERICKSTAD, Judge.

The plaintiffs, whom we shall hereinafter refer to as the Bjerkens, appeal from a judgment of the district court of Cass County, dated April 23, 1970, which determined the right of the defendant Schultz & Lindsay Construction Company to enter upon certain premises of the Bjerkens, for the purpose of removing material therefrom in the amount of $46,270.01. Material to be removed from the premises was to be credited to the judgment at the rate...

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