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KEIDEL v. RASK

Civ. No. 9690-A.

304 N.W.2d 402 (1981)

Carl G. KEIDEL and Keith C. Keidel, Plaintiffs and Appellees, v. James Clifford RASK, Defendant and Appellant.

Supreme Court of North Dakota.

March 25, 1981.

Attorney(s) appearing for the Case

Fleck, Mather, Strutz & Mayer, Bismarck, for plaintiffs and appellees; argued by Russell R. Mather, Bismarck.

Benjamin C. Pulkrabek, Mandan, for defendant and appellant.

VANDE WALLE, Justice, on reassignment.

This is James Rask's second appeal to this court seeking relief from a trial court judgment declaring the width of a prescriptive road which crosses his land. We reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.

In the previous case, the trial court found that the width of the road was 40 feet. In Keidel v. Rask, 290 N.W.2d 255

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