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CITY OF SEATTLE v. BURLINGTON N. R. CO.

No. 70884-3.

41 P.3d 1169 (2002)

The CITY OF SEATTLE, a municipal corporation, Petitioner, v. BURLINGTON NORTHERN RAILROAD COMPANY, Respondent.

Supreme Court of Washington, En Banc.

Decided March 7, 2002.

Attorney(s) appearing for the Case

Reed, McClure, Marilee C. Erickson, Seattle, amicus curiae on behalf of Ass'n of American Railroads.

Maureen Madion, Asst. Seattle City Atty., Seattle, for Petitioner.

Kroschel & Gibson, Daniel Louis Kinerk, Sarah Ellen Hall, Bellevue, Lane, Powell, Spears, Michael Barr King, Seattle, for Respondent.

IRELAND, J.

This court granted review of a Court of Appeals' decision reversing a Seattle Municipal Court finding that Burlington Northern Railroad Company violated Seattle Municipal Code (SMC) ordinances regulating railroad switching and blocking on city streets. The Court of Appeals' decision is affirmed because the Interstate Commerce Commission Termination Act of 1995 (ICCTA) and the Federal Rail Safety Act of 1970 (FRSA) unambiguously express a clear congressional...

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