Legal Opinion

Taylor-Edwards Warehouse & Transfer Co., of Spokane, Inc., a Washington Corporation v. Burlington Northern, Inc., a Foreign Corporation

Court of Appeals for the Ninth Circuit

Decided September 12, 1983No. 82-3428PublishedCited by 28 opinions

1Opinion of the Court

■FLETCHER, Circuit Judge:

This case concerns the interpretation to be given a provision in a lease that obligates Burlington Northern, the lessor, to “maintain, operate, and make available for use” by Taylor-Edwards, the lessee, a section of spur track adjoining the warehouse leased by Taylor-Edwards from Burlington Northern. The district court ruled that the lease does not require Burlington Northern to maintain access by rail from a main line to the warehouse, since maintaining access would require the railroad to reconstruct a bridge that has fallen into disrepair. We conclude that the…

2Cases cited25 opinions

  1. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.Supreme Court of the United States · 1981
  2. Jacoby v. Grays Harbor Chair & Mfg. Co.Washington Supreme Court · 1970
  3. Union Pacific Railroad v. United StatesSupreme Court of the United States · 1941
  4. Yamaguchi v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
  5. Insurance Company of North America, a Pennsylvania Corporation v. Nina HowardCourt of Appeals for the Ninth Circuit · 1982

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3Cited by28 opinions

  1. Brinson v. Linda Rose Joint VentureCourt of Appeals for the Ninth Circuit · 1995
  2. Brinson v. Linda Rose Joint VentureCourt of Appeals for the Ninth Circuit · 1995
  3. Jones Associates, Inc. v. Eastside Properties, Inc.Court of Appeals of Washington · 1985
  4. Safeco Insurance Company of America v. Joseph C. SchwabCourt of Appeals for the Ninth Circuit · 1984
  5. Fed. Sec. L. Rep. P 91,479 in Re U.S. Financial Securities Litigation. Societe Generale De Banque, Rentinvest, North American Fund a and Itf Fund, Ltd. v. Touche Ross & Co., Societe Generale De Banque, Rentinvest, North American Fund a and Itf Fund, Ltd. v. Brown, Wood, Fuller, Caldwell & Ivey and Brown, Wood, Ivey, Mitchell & PettyCourt of Appeals for the Ninth Circuit · 1984

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