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BURLINGTON NORTHERN R. CO., INC. v. SCHEID

Civ. No. 11269.

398 N.W.2d 114 (1986)

BURLINGTON NORTHERN RAILROAD COMPANY, INC., Plaintiff and Appellant, v. Benjamin and Elaine SCHEID, Defendants, Third-Party Plaintiffs and Appellees, v. BASIN COOPERATIVE SERVICES, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

December 16, 1986.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Fargo, for plaintiff and appellant; argued by Leo F.J. Wilking.

Hagen, Quast & Alexander, Beulah, for defendants, third-party plaintiffs, and appellees; argued by Larry Quast.

Bair, Brown & Kautzmann, Mandan, for third-party defendant and appellee; argued by Thomas B. Bair.

ERICKSTAD, Chief Justice.

Burlington Northern appealed from a summary judgment dismissing its suit against the Scheids for damages caused by the Scheids' removal and sale of railroad tracks and switches on land owned by the Scheids and the Scheids' refusal to allow Burlington Northern to remove tracks remaining on the Scheids' land. We reverse and remand.

In 1944 the Northern Pacific Railway Company, Burlington Northern's predecessor, entered into an agreement...

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