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WHISTLER v. BURLINGTON NORTHERN R. CO.

No. 86-582.

741 P.2d 422 (1987)

Jeanne Morledge WHISTLER; Karl Morledge and Anita Morledge, husband and wife; Laura Morledge; and Lynn Morledge, Plaintiffs and Appellants, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corp; Steve Baker, in his official capacity as superintendent of Building and Safety Dept., City of Billings, Montana; and Yellowstone County, Montana, Defendants and Respondents.

Supreme Court of Montana.

August 18, 1987.

Attorney(s) appearing for the Case

Patten Law Firm, James A. Patten (argued), Billings, for plaintiffs and appellants.

Crowley Law Firm, Michael S Dockery, Gerald Krieg (argued), Billings, James Tillotson, City Atty., Harold Hanser, Co. Atty., Billings, for defendants and respondents.

HARRISON, Justice.

Plaintiffs appeal the denial of their application for a preliminary injunction entered by the District Court of the Thirteenth Judicial District in and for Yellowstone County. We affirm.

Plaintiffs (the "Morledges") initiated this action to challenge the issuance of a building permit issued by Yellowstone County to the Burlington Northern Railroad. The permit was issued on February 6, 1986, and authorized construction of a 35,000 barrel...

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