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NILSON v. MARKESTAD

Civ. No. 10549.

353 N.W.2d 312 (1984)

Mandy NILSON, Plaintiff and Appellant, v. Edwin MARKESTAD, Defendant and Appellee.

Supreme Court of North Dakota.

July 23, 1984.

Attorney(s) appearing for the Case

Norbert H. Lange, Devils Lake, for plaintiff and appellant.

Haugland & Heustis, Devils Lake, for defendant and appellee; argued by Evan F. Heustis, Devils Lake.

Charles K. Dayton of Pepin, Dayton, Herman, Graham & Getts, Minneapolis, Minn., for the North Dakota Chapter of the Wildlife Society, Inc., amicus curiae. No appearance.

SAND, Justice.

This is an appeal by the plaintiff, Mandy Nilson, from a district court judgment dismissing Nilson's action for damages against the defendant, Edwin Markestad, on its merits. We affirm.

Nilson filed his action for damages alleging that Markestad wrongfully drained water from his property which ultimately flowed onto Nilson's property causing damage to Nilson's residence and loss to his hay crop.<...

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