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DAVE v. RAILS TO TRAILS CONSERVANCY

No. CY-94-3050-AAM.

863 F.Supp. 1285 (1994)

Leonard DAVE; Bill and Mary Giersch; Louise Mattson; Stan and Noreen Crocker; B.J. Kessinger; Hank Dane and Kay Harrigan; Sam Humphries; and Bud Tucker; Plaintiffs, v. RAILS TO TRAILS CONSERVANCY, a non-profit District of Columbia Corporation; Cleve Pinnix, Director, Washington State Parks and Recreation Commission, in his Individual Capacity; Queenie Allado; Robert Petersen; Anne Cox Preecs; Glenna Hall; Bruce Hilyer; John Shreve; Melvin Wortman, Commissioners, Washington State Parks and Recreation Commission, in their Individual Capacity; Defendants.

United States District Court, E.D. Washington.

September 28, 1994.

Attorney(s) appearing for the Case

Michael E. Haglund, Shay S. Scott, Haglund & Kirtley, Portland, OR, for plaintiffs.

Matthew Cohen, Carole Rafferty, Heller, Ehrman, White & McAuliffe, Andrea C. Ferster, Gen. Counsel, Seattle, WA, for defendant Rails to Trails Conservancy.

Asst. Atty. Gen. Joseph Earl Shorin, III, Office of Atty. Gen., Olympia, WA, for all other remaining defendants.

ORDER OF DISMISSAL

McDONALD, District Judge.

Before the Court are the Motion of Rails to Trails Conservancy to Dismiss Plaintiffs' First and Second Claims for Lack of Subject Matter Jurisdiction, or in the Alternative, for Partial Summary Judgment, Ct. Rec. 19; and Plaintiffs' Motion for Partial Summary Judgment, Ct. Rec. 23. On hearing with oral argument, Plaintiffs were represented by Michael E. Haglund and Shay S. Scott of Haglund & Kirtley, Portland...

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