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ALLIANCE PIPELINE L.P. v. SMITH

No. 20120367.

833 N.W.2d 464 (2013)

2013 ND 117

ALLIANCE PIPELINE L.P., a Delaware limited partnership, Plaintiff and Appellee v. Leonard SMITH and Ione Smith, Defendants and Appellants.

Supreme Court of North Dakota.

July 18, 2013.

Attorney(s) appearing for the Case

Michael D. Schoepf (argued) and Lawrence Bender (on brief), Bismarck, N.D., for plaintiff and appellee.

Robert S. Rau , Minot, N.D., for defendants and appellants.

KAPSNER, Justice.

[¶ 1] Leonard and Ione Smith appeal from an order denying their motion for supplemental findings or for reconsideration of an order granting Alliance Pipeline's petition under N.D.C.C. § 32-15-06 to enter the Smiths' land for examinations and surveys. We conclude the district court did not abuse its discretion in denying their motion. We affirm.

I

[¶ 2] On April 13, 2012, Alliance served the Smiths with a summons...

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