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SOO LINE RAILROAD CO. v. ENDERLIN FARMERS ELEVATOR

Civil File No. A3-03-112.

360 F.Supp.2d 1023 (2005)

SOO LINE RAILROAD COMPANY d/b/a Canadian Pacific Railway, a Minnesota corporation, Plaintiff, v. ENDERLIN FARMERS ELEVATOR, a North Dakota cooperative association, Defendant.

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

February 8, 2005.

Attorney(s) appearing for the Case

Joann C. Toth, Patrick J. Sweeney, Spence Ricke Sweeney & Gernes PA, St. Paul, MN, for Plaintiff.

Bruce Hilding Carlson, McNair Larson & Carlson Ltd., Fargo, ND, for Defendant.

MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT

ERICKSON, District Judge.

Before the Court is Plaintiff's Motion for Summary Judgment (doc. # 21). Defendant filed a brief in opposition (doc. # 26).

SUMMARY OF HOLDING

Plaintiff, Soo Line Railroad Company ("the Railroad"), and Defendant, Enderlin Farmers Elevator ("the Elevator"), entered into a contract regarding the purchase and care for a spur track for the Elevator. The...

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