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SUNFLOUR R.R., INC. v. PAULSON

No. 22642.

670 N.W.2d 518 (2003)

2003 SD 122

SUNFLOUR RAILROAD, INC., Plaintiff and Appellee, v. Eugene PAULSON, and Heartland Organic Foods, Inc., a South Dakota Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 1, 2003.

Attorney(s) appearing for the Case

Jeffrey T. Sveen, Julia M. Dvorak of Siegel, Barnett and Schutz, L.L.P., Aberdeen, South Dakota, Attorneys for plaintiff and appellee.

Eugene Paulson, Heartland Organic Foods, Inc., Rosholt, South Dakota, Pro se.

SABERS, Justice.

[¶ 1.] Eugene Paulson (Paulson), acting pro se on behalf of himself and Heartland Organic Foods, Inc. (Heartland), appeals from a judgment entered against Paulson and Heartland. Paulson and Heartland also appeal the dismissal of their counterclaim against Sunflour Railroad, Inc. (Sunflour).

FACTS

[¶ 2.] Paulson and Heartland own property adjacent to a railroad right-of-way. Paulson and Heartland's grain elevator encroaches...

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