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STATE HWY. COM. v. PAC. NW BELL TEL. CO.

No. 36151.

59 Wn.2d 216 (1961)

367 P.2d 605

THE WASHINGTON STATE HIGHWAY COMMISSION et al., Appellants, v. PACIFIC NORTHWEST BELL TELEPHONE COMPANY, Respondent. THE WASHINGTON STATE HIGHWAY COMMISSION et al., Appellants, v. PUGET SOUND POWER AND LIGHT COMPANY, Respondent. THE WASHINGTON STATE HIGHWAY COMMISSION et al., Appellants, v. KING COUNTY WATER DISTRICT NO. 75, Respondent.

The Supreme Court of Washington, En Banc.

December 21, 1961.

Attorney(s) appearing for the Case

The Attorney General, Delbert W. Johnson, Assistant, and Thomas R. Garlington, Special Assistant, for appellants.

Holman, Mickelwait, Marion, Black & Perkins, Cartano, Botzer & Chapman, and McMicken, Rupp & Schweppe, for respondents.

William E. Wall, amicus curiae.

OTT, J.

Franchises to permit the construction of utility facilities on the right of way of secondary state highway No. 5-A were gratuitously granted by the Washington State Highway Commission to Pacific Telephone and Telegraph Company (now Pacific Northwest Bell Telephone Company), Puget Sound Power and Light Company, and King County Water District No. 75. The franchises provided, inter alia, that the donees would move their facilities at their expense "Whenever...

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