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GENERAL TELEPHONE v. BOTHELL

Nos. 11975-3-I; 13138-9-I.

39 Wn. App. 453 (1985)

693 P.2d 215

GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Respondent, v. THE CITY OF BOTHELL, ET AL, Appellants. THE CITY OF REDMOND, Appellant, v. GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Respondent. GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., Respondent, v. THE CITY OF REDMOND, Appellant.

The Court of Appeals of Washington, Division One.

January 7, 1985.

Attorney(s) appearing for the Case

John D. Wallace, City Attorney, and Ogden, Ogden & Murphy, for appellants Bothell, et al.

Larry Martin, City Attorney, Wayne D. Tanaka, Assistant, and Ogden, Ogden & Murphy, for appellant Redmond.

Kenneth O. Eikenberry, Attorney General, James R. Cunningham, Senior Assistant, and Patricia H. O'Brien, Assistant, for appellant State.

Livengood, Silvernale, Carter & Tjossem and Robert P. Tjossem, for respondent.

RINGOLD, J.

In separate actions, General Telephone Company (General) was granted summary judgments against the cities of Bothell and Redmond. The trial courts concluded that a tariff published by General preempted certain city ordinances requiring undergrounding of telephone facilities. The appeals are consolidated here. Bothell also appeals from a finding by the lower court that a material issue of fact exists as to whether Bothell's ordinance was enacted in the...

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