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FOREST MARKETING ENTERPRISES, INC. v. STATE, DNR

No. 31218-2-II.

104 P.3d 40 (2005)

FOREST MARKETING ENTERPRISES, INC., a Washington corporation, Appellant, v. STATE of Washington, DEPARTMENT OF NATURAL RESOURCES, Respondent.

Court of Appeals of Washington, Division II.

January 4, 2005.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, Christopher J. Knapp, Anderson Hunter Law Firm, Everett, WA, for Appellant.

Philip Michael Ferester, Atty. Gen. Ofc. Nat. Res. Div., Olympia, WA, for Respondent.

ARMSTRONG, J.

Forest Marketing Enterprises, Inc. (Formark) appeals summary judgment in favor of the Department of Natural Resources (DNR). When Formark breached its agreement to purchase timber from DNR, DNR sought liquidated damages under the contract. DNR and Formark disagreed over whether Formark was entitled to a credit against liquidated damages for Formark's statutorily required initial deposit. Formark filed this declaratory judgment action to resolve the issue...

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