WESTERN LBR. v. ABERDEEN

No. 959-2.

10 Wn. App. 325 (1973)

518 P.2d 745

WESTERN LUMBER, INC., Appellant, v. THE CITY OF ABERDEEN, Respondent.

The Court of Appeals of Washington, Division Two.

December 28, 1973.


Attorney(s) appearing for the Case

Arlis W. Johnson (of Parker & Johnson), for appellant.

John L. Farra, for respondent.


ARMSTRONG, J.

This is an appeal from a summary judgment dismissing the claim of the plaintiff, Western Lumber, Inc. The facts constituting the grounds for the action are undisputed, and for this reason both parties made motions for summary judgment.

The plaintiff, Western Lumber, Inc., operated a lumber mill in the Grays Harbor area between 1955 and 1969. The mill consumed water supplied by the defendant, City of Aberdeen. In July of 1969, the plaintiff closed...

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