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  5. 738 F.Supp. 1339 (1990)
 

BURLINGTON NORTHERN R. CO. v. TIME OIL CO.

No. C89-913R.

738 F.Supp. 1339 (1990)

BURLINGTON NORTHERN RAILROAD CO., Plaintiff, v. TIME OIL CO., et al., Defendants. TIME OIL CO., Counterclaim, Crossclaim and Third-Party Plaintiff, v. BURLINGTON NORTHERN RAILROAD CO., and Boeing Corporation, Counterclaim Defendant and Crossclaim and Third-Party Defendant.

United States District Court, W.D. Washington, at Seattle.

April 18, 1990.

Attorney(s) appearing for the Case

Paul J. Lawrence, Jillian Barron, Preston, Thorgrimson, Shidler, Gates & Ellis, Seattle, Wash., for plaintiff.

Thomas Richard Lotterman, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Susan L. Barnes, U.S. Attorney's Office, David R. Lord, Ferguson & Burdell, Seattle, Wash., William H. Bode, John M. Mason, Robert A. Jaffe, William H. Bode & Associates, Washington, D.C., for defendants.

Thomas A. Starrs, John Daniel Ballbach, Perkins & Coie, Seattle, Wash., for third-party defendant.

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ROTHSTEIN, Chief Judge.

This matter comes before the court on defendant's motion for summary judgment. Having reviewed the motion, together with all documents filed in support and in opposition, having heard oral argument and being fully advised, the court finds and rules as follows:

I. BACKGROUND

Burlington Northern Railroad ("BNRR") has filed suit against defendant Time Oil Inc. (...

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