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LYNDEN TRANSPORT, INC. v. STATE

No. 54565-1.

112 Wn.2d 115 (1989)

768 P.2d 475

LYNDEN TRANSPORT, INC., Respondent, v. THE STATE OF WASHINGTON, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

March 2, 1989.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Elsa Kircher Cole, Assistant, for appellant State.

William R. Squires III, Susan J. Woyna, and Davis, Wright & Jones, for appellant Pacific Coast Coal Co.

Bogle & Gates, Ronald T. Schaps, and Stephen A. Bernheim, for respondent.

BRACHTENBACH, J.

At issue is the constitutionality of RCW 39.24.020 which requires the State and specified subdivisions to purchase fuel which "shall have been wholly mined or produced within the state of Washington." On summary judgment motions, the trial court held the statute unconstitutional and further held that if a prior version of that statute were revived, it also was unconstitutional. We affirm.

This controversy arises from a coal purchase contract...

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