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BURLINGTON OUT NOW v. BURLINGTON NORTHERN, INC.

No. 11568.

532 P.2d 936 (1975)

96 Idaho 594

BURLINGTON OUT NOW, Plaintiff-Appellant, v. BURLINGTON NORTHERN, INC., and Idaho Public Utilities Commission, Defendants-Respondents. In the Matter of the INVESTIGATION OF THE PROPOSED BURLINGTON NORTHERN (B.N.) CLASSIFICATION AND SWITCHING YARD NEAR RATHDRUM ET AL.

Supreme Court of Idaho.

January 23, 1975.

Attorney(s) appearing for the Case

Scott W. Reed, Coeur d'Alene, for plaintiff-appellant.

W. Anthony Park, Atty. Gen., Gary L. Montgomery, Asst. Atty. Gen., Boise, for defendant-respondent Idaho Public Utilities Commission.

Woodrow L. Taylor and R. Paul Tjossem, Seattle, Wash., E.L. Miller, Coeur d'Alene, for defendant-respondent Burlington Northern, Inc.

DONALDSON, Justice.

Respondent Burlington Northern, Inc.,1 in its overall coordination plan for railroad facilities, has programmed for the construction of a new classification and marshaling yard at Hauser Lake on the Rathdrum Prairie in Kootenai County. The purpose of the yard (largest west of Chicago and Minneapolis) is to more effectively expedite the handling of transcontinental traffic flowing through the Spokane Gateway. It will...

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