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BEEZER v. CITY OF SEATTLE

No. 37037.

62 Wn.2d 569 (1963)

383 P.2d 895

ROBERT R. BEEZER, Plaintiff and Relator, v. THE CITY OF SEATTLE et al., Defendant and Respondent, PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, Intervenor and Relator, THE SUPERIOR COURT FOR KING COUNTY, W.R. Cole, Judge, Respondent.

The Supreme Court of Washington, En Banc.

July 18, 1963.

Attorney(s) appearing for the Case

Alfred J. Schweppe, for relator.

A.C. Van Soelen, A.L. Newbould, Richard S. White, and Richard W. Bartke, for respondent.

Clarence C. Dill and Lloyd W. Ek, for intervenor.

HILL, J.

This is an application by the plaintiff, Robert R. Beezer, for a writ of mandamus to compel the Superior Court of King County to proceed as heretofore directed by this court:

"We, therefore, set aside the summary judgment of dismissal, and direct the trial court to proceed with the determination of whether the property of the P.U.D., which the city of Seattle now takes the position it must condemn, is an `electric power and light plant or electric...

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