Legal Opinion
Graham v. BNSF Railway Co.
District Court, D. Montana
Decided January 24, 2013No. Nos. CV 12-145-M-DWM, CV 12-146-M-DWMPublished
1Opinion of the Court
ORDER
DONALD W. MOLLOY, District Judge.
The defendants (hereafter, “BNSF”) move to dismiss the plaintiffs’ wrongful occupation and unjust enrichment claims. The plaintiffs oppose dismissal of the former but not the latter. BNSF’s motion is granted in part and denied in part.
The plaintiffs’ wrongful occupation claim alleges that BNSF violated Montana Code Annotated § 27-1-318, which provides:
The detriment caused by the wrongful occupation of real property in cases not otherwise provided for in this code is deemed to be the value of the use of the property for the time of such occupation, not…
2Cases cited13 opinions
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- Corporate Air v. Edwards Jet CenterMontana Supreme Court · 2008
- Starrh and Starrh Cotton Growers v. Aera Energy LLCCalifornia Court of Appeal · 2007
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