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MEYERINK v. NORTHWESTERN PUBLIC SERVICE CO.

No. 15127.

391 N.W.2d 180 (1986)

Gerard MEYERINK, Don Vanderpol, Herb Hoffman, Dean Meyerink, Janice Porter, Richard Porter, Loren Pederson, Shirley Pederson, Gale Pederson, Wayne Blair, Rhoda L. Blair, Maynard R. Bridges, Kelly Bridges, Mary Cleo Schulte, Thomas Schulte, Lawrence Schulte, Ann Vanderpol, Frank Faber, Sherman Dyk, Ruth E. Vanden Bos, Delmer L. Vanden Bos, Harm Westernuis, Grace E. Fijala, Wm. Fijala, Harriet Meyerink, Vernon Van Duesseldorf, Bertha Kuipers, Harm A. Kuipers, Bob Cwach and Jim Hoffman, Plaintiffs and Appellants, v. NORTHWESTERN PUBLIC SERVICE COMPANY, and the State of South Dakota, By and Through its Division of Railroads, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 9, 1986.

Attorney(s) appearing for the Case

Rick Johnson, of Johnson, Eklund & Davis, Gregory, for plaintiffs and appellants.

Everett E. Hoyt, Alan D. Dietrich, Huron, for appellee, Northwestern Public Service Co.

James I. Hare, Asst. Atty. Gen., Pierre, Mark V. Meierhenry, Atty. Gen., on brief, Pierre, for appellee, State of S.D.

FOSHEIM, Chief Justice.

Plaintiff Landowners (Landowners) appeal from a summary judgment in favor of Northwestern Public Service Company (NWPS) and the State of South Dakota. We affirm.

Around 1900 the Chicago, Milwaukee, and St. Paul Railway Company (Railroad) acquired a 200 foot strip of land in Charles Mix County between Geddes and Platte. Deeds were conveyed from the landowners to Railroad. A standard "right-of-way" form, supplied by Railroad, was used...

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