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BURLINGTON NORTHERN & SANTA FE v. CHAULK

No. S-00-212.

631 N.W.2d 131 (2001)

262 Neb. 235

The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Appellant, v. Sue H. CHAULK and Kevin L. Blehm, wife and Husband, et al., Appellees.

Supreme Court of Nebraska.

July 20, 2001.

Attorney(s) appearing for the Case

Rodney M. Confer, Trev E. Peterson, and Corey L. Stull, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellant.

Howard P. Olsen, Jr., of Simmons, Olsen, Ediger, Selzer, Ferguson & Carney, P.C., Scottsbluff, and Thomas D. Oliver, for appellees Sue H. Chaulk, Kevin L. Blehm, et al.

Terry Curtiss, of Curtiss, Moravek, Curtiss & Margheim, Alliance, for appellees Daniel N. Dailey and Janet K. Dailey.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, Justice.

NATURE OF CASE

The Burlington Northern and Santa Fe Railway Company (BNSF) filed an action in the district court for Morrill County. The sole remedy BNSF sought in the district court was injunctive relief permitting it to conduct surveys and tests on the land of property owners who had refused access for such purposes (defendant property owners). BNSF appeals from the order of the district court entered on February 9, 2000, which...

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