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SWINOMISH INDIAN TRIBAL COMMUNITY v. BNSF RAILWAY

Cause No. C15-0543RSL.

664 F.Supp.3d 1218 (2023)

SWINOMISH INDIAN TRIBAL COMMUNITY, Plaintiff, v. BNSF RAILWAY COMPANY, Defendant.

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

Signed March 27, 2023.

Attorney(s) appearing for the Case

Christopher Ian Brain, Chase Alvord, Rebecca Luise Solomon, Tousley Brain Stephens PLLC, Seattle, WA, Stephen T. LeCuyer, Office of the Tribal Attorney (Swinomish), Laconner, WA, Weston LeMay, Swinomish Indian Tribal Community, La Conner, WA, for Plaintiff.

Gregory J. Wong, Kai A. Smith, Meha Goyal, Michelle Kim Vaughan, Paul J. Lawrence, Pacifica Law Group LLP, Seattle, WA, for Defendant.

MEMORANDUM OF DECISION

This matter was heard by the Court in a bench trial commencing on March 20, 2023, and concluding on March 22, 2023. The only issue to be determined in this phase of the proceedings is whether BNSF's admitted trespass over the Swinomish Reservation between September...

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