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SOO LINE R. CO. v. CITY OF HARVEY

Civ. No. A3-76-48.

424 F.Supp. 329 (1976)

SOO LINE RAILROAD COMPANY, Plaintiff, v. CITY OF HARVEY and Vance L. Kro, as Auditor of Wells County, North Dakota, Defendants.

United States District Court, D. North Dakota, S. D.

On Motion for Reconsideration December 30, 1976.

Attorney(s) appearing for the Case

Harold L. Anderson, Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, N. D., for plaintiff.

Robert V. Bolinske, Zuger & Bucklin, Bismarck, N. D., for defendants.

BENSON, Chief Judge.

ORDER

Plaintiff instituted this action in District Court of the State of North Dakota, then removed it to this Court alleging that diversity of citizenship confers jurisdiction on this Court under 28 U.S.C. § 1332. It commenced this action seeking review, pursuant to NDCC Chapter 40-26, of a special assessment by the City of Harvey, North Dakota. It asks the Court to declare the special assessment void and to order a reassessment...

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