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CITY OF YAKIMA v. SURFACE TRANSP. BD.

No. CY-98-30331-AAM.

46 F.Supp.2d 1092 (1999)

CITY OF YAKIMA, a Washington Municipal Corporation, Plaintiff, v. The SURFACE TRANSPORTATION BOARD, and Linda J. Morgan, in her official capacity as Chairman of the Surface Transportation Board, an agency of the United States Government, and the Environmental Protection Agency, and Carol J. Browner, in her official capacity as Administrator of the Environmental Protection Agency, and Burlington Northern Santa Fe Corp., BNSF Acquisition, Inc., and the Burlington Northern and Santa Fe Railway Co., Defendants.

United States District Court, E.D. Washington.

January 15, 1999.

Attorney(s) appearing for the Case

Raymond L. Paolella, City of Yakima Legal Department, Civil Division, Yakima, WA, Gregory T. Costello, Rodney L. Brown, Jr., Marten & Brown, LLP, Seattle, WA, for plaintiff.

Pamela J. DeRusha, Assistant United States Attorney, Spokane, WA, Evelyn G. Kitay, Surface Transportation Board, Office of General Counsel, Washington, DC, Lisa Russell, Trial Attorney, Environmental Defense Section, Department of Justice, Washington, DC, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

McDONALD, District Judge.

BEFORE THE COURT is intervenor-defendant Burlington Northern Santa Fe Corporation's ("BNSF") motion to dismiss for lack of subject matter jurisdiction pursuant to FED.R.CIV.P. 12(b)(1) (Ct.Rec.20) and motion to dismiss for failure to state a claim upon which relief can be granted pursuant to FED.R.CIV.P. 12(b)(6) (Ct. Rec.23). The United States Government defendants...

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