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JONGEWARD v. BNSF R. CO.

No. 85781-4.

278 P.3d 157 (2012)

174 Wn.2d 586

Certification from the United States District Court for the Eastern District of Washington in Jason and Laura JONGEWARD, husband and wife; Gordon and Jeannie Jongeward, husband and wife and as trustees of the Jongeward Family Trust, Plaintiffs, v. BNSF RAILWAY COMPANY, commonly known as The Burlington Northern Santa Fe Railway, a Delaware corporation doing business in the state of Washington, Defendant.

Supreme Court of Washington, En Banc.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Richard Charles Eymann , Steven Lawrence Jones , John Allison , Eymann Allison Hunter Jones PS, Spokane, WA, for Plaintiffs.

Julie A. Owens , Attorney at Law, Ausey H. Robnett , Paine Hamblen LLP, Coeur d'Alene, ID, Paul J. Lawrence , Gregory J. Wong , Pacifica Law Group LLP, Seattle, WA, for Defendant.

FAIRHURST, J.

¶ 1 This case1 requires us to construe former RCW 64.12.030 (Code of 1881, § 602), the "timber trespass statute." Birchler v. Castello Land Co., 133 Wn.2d 106, 114, 942 P.2d 968 (1997). Plaintiffs Jason and Laura Jongeward, husband and wife, and Gordon and Jeannie Jongeward, husband and wife, and as trustees of the Jongeward family trust...

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