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RUTHERFORD v. BNSF RY. CO.

No. 20080237.

765 N.W.2d 705 (2009)

2009 ND 88

Gary RUTHERFORD, d/b/a Classic Roadsters, Ltd., Plaintiff and Appellant v. BNSF RAILWAY COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

May 22, 2009.

Attorney(s) appearing for the Case

William J. Delmore (argued) and Garrett D. Ludwig (appeared), Kelsch, Kelsch, Ruff & Kranda, Mandan, for plaintiff and appellant.

Mark R. Hanson (argued) and Jason R. Crance (on brief), Nilles, Ilvedson, Plambeck & Selbo, Ltd., Fargo, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Gary Rutherford, d/b/a Classic Roadsters, Ltd. ("Rutherford"), appeals from a district court judgment granting BNSF Railway Company's ("BNSF") motion for summary judgment. We affirm.

I

[¶ 2] The property which is the subject of this case is located at 1617 Main Avenue, Fargo, North Dakota. At all times pertinent to this case, the land has been owned by BNSF, formerly known as Burlington Northern Railroad Company...

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