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FEARS v. Y.J. LAND CORP.

Civ. No. 950072.

539 N.W.2d 306 (1995)

Sam FEARS and Jessie Quinn, Plaintiffs and Appellants, v. Y.J. LAND CORP., a partnership, and Glenn Goetz and Perry Oberg, partners, Defendants and Appellees.

Supreme Court of North Dakota.

October 31, 1995.

Attorney(s) appearing for the Case

Thomas D. Kelsch, Kelsch, Kelsch, Ruff & Austin, Collins and Main, Mandan, for plaintiffs and appellants.

Malcolm H. Brown, Bismarck, for defendants and appellees.

VANDE WALLE, Chief Justice.

Sam Fears and Jessie Quinn appealed from a summary judgment entered by the district court, McLean County, on January 6, 1995. We reverse and remand.

In July 1993, Fears and Quinn purchased land located in McLean County on the east bank of the Missouri River. Y.J. Land Corp., a partnership composed of Glenn Goetz and Perry Oberg, owns the property abutting the north side of Fears's and Quinn's property. Fears and Quinn alleged that...

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