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BERGSTROM v. BURLINGTON NORTHERN R. CO.

Civ. No. A2-94-98.

895 F.Supp. 257 (1995)

Anne-Marit BERGSTROM, Charles Studness and Clarine Moe, and the State of North Dakota, Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY, a foreign corporation, Defendant.

United States District Court, D. North Dakota, Northeastern Division.

July 31, 1995.

Attorney(s) appearing for the Case

Peter K. Halbach, Devils Lake, ND, for plaintiffs.

Daniel John Crothers, Nilles, Hansen, Davies, Ltd., Fargo, ND, for defendant.

ORDER ON PLAINTIFFS' MOTION TO REMAND

BENSON, Senior District Judge.

Plaintiffs filed a complaint in North Dakota state court on August 8, 1994, for monetary damages "in excess of $29,000" and equitable relief against the defendant railroad. Plaintiffs' complaint alleges Defendant's railroad acts as a dam and blocks the flow of water off Plaintiffs' land. They seek a judgment requiring Defendant to construct a culvert under the railroad bed to provide drainage...

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