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BURLINGTON NORTHERN AND SANTE FE RAILWAY CO. v. BURLINGTON RES. OIL AND GAS CO.

Civil No. 980194

590 N.W.2d 433 (1999)

1999 ND 39

BURLINGTON NORTHERN AND SANTE FE RAILWAY COMPANY, Plaintiff and Appellant, v. BURLINGTON RESOURCES OIL & GAS COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

February 26, 1999.

Attorney(s) appearing for the Case

Daniel S. Kuntz (argued) and James S. Hill, of Zuger Kirmis & Smith, Bismarck, ND, for plaintiff and appellant.

John W. Morrison, Jr., of Fleck, Mather & Strutz, Bismarck, ND, for defendant and appellee.

NEUMANN, Justice.

[¶ 1] The Burlington Northern and Sante Fe Railway Company, formerly known as Burlington Northern Railroad Company, (Burlington Northern) appeals from a judgment dismissing its action for breach of a fiduciary duty against Burlington Resources Oil & Gas Company, formerly known as Meridian (Meridian). We hold Burlington Northern's authorization for Meridian to deal "for its own account" with Burlington Northern's oil and gas rights was an...

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