District Court, D. North Dakota July 31, 1995, Civ. A2-94-98 (Bergstrom v. Burlington Northern Railroad)

ORDER ON PLAINTIFFS’ MOTION TO REMAND

BENSON, Senior District Judge.

Plaintiffs filed a complaint in North Dakota state court on August 8, 1994, for monetary damages “in excess of $29,000” and equitable relief against the defendant railroad. Plaintiffs’ complaint alleges Defendant’s railroad acts as a dam and blocks the flow of water off Plaintiffs’ land.