BURLINGTON NORTHERN v. WEYERHAEUSER CO.

No. 82-3598.

719 F.2d 304 (1983)

BURLINGTON NORTHERN, INC., a Delaware corporation, Plaintiff-Appellant, v. WEYERHAEUSER COMPANY, a Washington corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1983.


Attorney(s) appearing for the Case

George C. Inman, Jr., Seattle, Wash., for plaintiff-appellant.

William A. Helsell, Helsell, Fetterman & Martin, et al., Seattle, Wash., for defendant-appellee.

Before KILKENNY and FLETCHER, Circuit Judges, and JAMESON, District Judge.


KILKENNY, Circuit Judge:

Burlington Northern appeals from an order of the district court dismissing its action against Weyerhaeuser. It claims that Weyerhaeuser should have paid interstate tariff rates on certain rail shipments of logs transported between April 26, 1976, and December 31, 1978. These shipments took place entirely within Washington. Burlington Northern contends that it was actually the first leg of continuing transportation to the Orient in foreign...

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