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WIPPERT v. BURLINGTON NORTHERN INC.

No. CV 74-12-GF.

397 F.Supp. 73 (1975)

George WIPPERT, Sr., and Henrietta Wippert, husband and wife, Plaintiffs, v. BURLINGTON NORTHERN INC., a Delaware Corporation, Defendant.

United States District Court, D. Montana, Great Falls Division.

July 14, 1975.

Attorney(s) appearing for the Case

Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for plaintiffs.

Gough, Booth, Shanahan & Johnson, Helena, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

This is an action in which plaintiff seeks actual and exemplary damages stemming from an alleged trespass on plaintiff's real property.

The plaintiff Henrietta Wippert is the beneficial owner of about 75 acres of land located on the Blackfeet Indian Reservation in Montana by virtue of a deed which conveyed the land to the United States in trust for her. The land was subject to an easement in favor...

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