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KING COUNTY v. BURLINGTON NORTHERN R.R. CORP.

No. C93-1798GW.

885 F.Supp. 1419 (1994)

KING COUNTY, Plaintiff, v. BURLINGTON NORTHERN RAILROAD CORPORATION, a corporation doing business in the State of Washington, Defendants.

United States District Court, W.D. Washington, at Seattle.

November 10, 1994.

Attorney(s) appearing for the Case

Norm Maleng, King County Pros. Atty., Thomas W. Kuffel, Deputy Pros. Atty., Civ. Div., Tort Section, Seattle, WA, for plaintiff.

Robert E. Walkley, Redmond, WA, Larry Leggett, Kroschel & Gibson, Bellevue, WA, for defendant.

ORDER

WILSON, United States Magistrate Judge.

INTRODUCTION

This is an action for declaratory relief brought by King County (Washington) against the Burlington Northern Railroad Company ("BN"). The County seeks a judicial declaration, pursuant to Title 43, United States Code, Section 912, that certain land within its boundaries which was previously used by BN as a right of way, (1) has been abandoned by the Railroad, and (2) has been embraced...

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