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NELSON v. MONTANA RAIL LINK, INC.

DA 23-0569.

555 P.3d 753 (2024)

2024 MT 198

Samuel J. NELSON, Individually and as Trustee of the Samuel J. Nelson Revocable Trust Dated February 9, 2011, Petitioner and Appellant, v. MONTANA RAIL LINK, INC., a Montana Corporation, and BNSF Railway Co., a Delaware Corporation, Respondents and Appellees.

Supreme Court of Montana.

Decided: September 3, 2024.

Attorney(s) appearing for the Case

For Appellant: Alanah Griffith, Griffith & Associates, PC, Big Sky, Montana.

For Appellees: Michelle T. Friend, Benjamin O. Rechtfertig, Heder Friend, PLLC, Billings, Montana

¶1 Samuel J. Nelson (Nelson) appeals the August 25, 2023 Order on Summary Judgment entered in the Eighteenth Judicial District Court, Gallatin County. We restate the issues on appeal as follows:

Did the District Court err when it held, as a matter of law, a private party...

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