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CITY OF CASSELTON v. N.D. PUBLIC SERV. COM'N

Civ. No. 9935.

307 N.W.2d 849 (1981)

CITY OF CASSELTON, the Casselton Ambulance Service, Inc., Casselton Fire Department, Casselton Planning and Zoning Commission, Casselton Community Club, Casselton Police Department, Central Cass Public School District No. 17, and Kenneth Habiger, Appellants, v. NORTH DAKOTA PUBLIC SERVICE COMMISSION and Burlington Northern Inc., Appellees. In the Matter of the North Dakota Public Service Commission's Investigation, Upon its Own Motion, of the Safety Conditions of Railroad Grade Crossings Located in the Community of Casselton, North Dakota, Case No. 10,094.

Supreme Court of North Dakota.

June 30, 1981.

Attorney(s) appearing for the Case

William M. Strehlow, and Tim G. Bryan, Casselton, for appellants.

Daniel S. Kuntz, Asst. Atty. Gen., Bismarck, for appellee North Dakota Public Service Commission.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for appellee Burlington Northern Inc.; argued by Stephen W. Plambeck, Fargo.

PAULSON, Justice.

The plaintiffs and appellants, the City of Casselton, the Casselton Ambulance Service, Inc., the Casselton Fire Department, the Casselton Planning and Zoning Commission, the Casselton Community Club, the Casselton Police Department, the Central Cass Public School District No. 17, and Kenneth Habiger, appeal from a judgment entered by the District Court of Burleigh County on December 10, 1980, which dismissed the appellants' appeal from an order issued...

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