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STATE OF WASHINGTON v. OREGON-WASHINGTON R. & NAV. CO.

No. 1028.

8 F.Supp. 98 (1934)

STATE OF WASHINGTON ex rel. CITY OF SEATTLE v. OREGON-WASHINGTON R. & NAV. CO. et al.

District Court, W. D. Washington, N. D.

September 26, 1934.

Attorney(s) appearing for the Case

A. C. Van Soelen, Corp. Counsel, and John E. Sanders, Asst. Corp. Counsel, both of Seattle, Wash., for relator.

F. T. Merritt, of Seattle, Wash., for respondent Oregon-Washington R. & Nav. Co.

Edwin C. Matthias, of Seattle, Wash., for respondent Great Northern Ry. Co.

BOWEN, District Judge.

By previous decisions of this court, it is held that the court must look through the form of the proceeding to the substance of it, and, upon the authority of such previous decisions, this action, being in effect to compel specific performance of franchises granted by the city to the respondents, is in its nature an action to compel the specific performance of contracts of the respondents to construct bridges, viaducts, and grades in accordance...

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