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FORMICOVE, INC. v. BURLINGTON NORTHERN, INC.

No. 83-143.

673 P.2d 469 (1983)

FORMICOVE, INC., Plaintiff and Appellant, v. BURLINGTON NORTHERN, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Dzivi, Conklin & Nybo; Susan J. Rebeck, Great Falls, for plaintiff and appellant.

Charles C. Dearden, Billings, for defendant and respondent.

GORDON R. BENNETT, District Judge.*

Plaintiff, Formicove, Inc., appeals from a summary judgment granted Burlington Northern, Inc. (BN), by the District Court of the Eighth Judicial District, Cascade County.

BN has a railroad enbankment situated between Formicove's property and the Missouri River. Two culverts run under the embankment. In May of 1980 and June of 1982 Formicove's basement was flooded by surface waters. Formicove...

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