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HOYT STREET PROP. v. BURLINGTON NORTHERN & SANTA SANTA FE RY.

No. CIV. 98-1198-AS.

38 F.Supp.2d 1185 (1999)

HOYT STREET PROPERTIES, L.L.C., an Orregon limited liability company, Plaintiff, v. BURLINGTON NORTHERN & SANTA SANTA FE RAILWAY COMPANY, a Delaware corporation, Defendants.

United States District Court, D. Oregon.

January 14, 1999.

Attorney(s) appearing for the Case

Richard H. Allan, Richard J. Stone, Ball Janik LLP, Portland, for Hoyt Street Properties LLC, Oregon Limited Liability Company, Plaintiffs.

John P. Ashworth, Bullivant Houser Bailey, Pendergrass & Hoffman, Portland, for Burlington Northern & Santa FE Railway Company, Delaware Corporation, Defendants.

OPINION

ASHMANSKAS, United States Magistrate Judge.

This action raises the issue of who is legally responsible for the costs incurred in the environmental clean up of real property referred to by the parties as the Hoyt Street railyard (the "Property"). Hoyt Street Properties, L.L.C., an Oregon limited liability company ("Plaintiff"), is the present owner of the Property. Defendant Burlington Northern & Santa Fe Railway Company ("Defendant"), or its...

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