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ROEDER CO. v. K & E MOVING & STORAGE CO.

No. 44619-3-I.

4 P.3d 839 (2000)

ROEDER COMPANY, Appellant, v. K & E MOVING & STORAGE CO., INC., a Washington corporation, and the City of Bellingham, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied and Publication Ordered July 13, 2000.

Attorney(s) appearing for the Case

Samuel Westly Peach, Bellingham, for Appellant.

Joseph Thomas Pemberton, Pemberton & Hoogstraat P.S., Bellingham, for Respondents.

AGID, C.J.

In 1901 Bellingham Bay Improvement Company (BBIC) deeded a 50-foot-wide strip of land to Bellingham Bay and British Columbia Railroad Company (BB & BC RR). The parties agree that the 1901 deed conveyed a railroad right of way, but they dispute whether the deed conveyed an easement or a fee simple interest in the right of way. Because the deed itself and the extrinsic evidence submitted at trial support the court's determination that the parties intended...

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