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GRAHAM v. BNSF RY. CO.

Nos. CV 12-145-M-DWM, CV 12-146-M-DWM.

918 F.Supp.2d 1072 (2013)

David GRAHAM, Jean Graham, Michael Barragan, Pamela Barragan, Barbara Brown, Kathy Dugre, Edward Eyestone, Carla Eyestone, David Hayes, Deborah Hayes, Michael Michaelis, Melissa Michaelis, Mark Blasdel, Alice Blasdel, Robert Lincoln, and Beth Lincoln, Plaintiffs, v. BNSF RAILWAY COMPANY, Burlington Northern and Santa Fe Railway Company, Burlington Northern Railroad Company, and Does 1-30, inclusive, Defendants. Richard A. Ortiz; Alice Enterprises, LLC; Thomas E. Abel, and Sheryl Lynn Abel; Plaintiffs, BNSF Railway Company, Burlington Northern and Santa Fe Railway Company, Burlington Northern Railroad Company, and Does 1-30, inclusive Defendants.

United States District Court, D. Montana, Missoula Division.

January 24, 2013.

Attorney(s) appearing for the Case

J. David Slovak , Mark Kovacich , Tom L. Lewis , Lewis Slovak Kovacich and Marr, Great Falls, MT, for Plaintiffs.

J. Daniel Hoven , William John Tietz, III , M. Christy   S. McCann , Browning Kaleczyc Berry & Hoven, Helena, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

The defendants (hereafter, "BNSF") move to dismiss the plaintiffs' wrongful occupation and unjust enrichment claims. The plaintiffs oppose dismissal of the former but not the latter. BNSF's motion is granted in part and denied in part.

The plaintiffs' wrongful occupation claim alleges that BNSF violated Montana Code Annotated § 27-1-318, which provides:

The detriment caused by the wrongful occupation...

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