9th Circuit Panel Demands Answers From Railway In Right-Of-Way Row With Tribe

(July 23, 2019, 3:56 PM EDT) -- SEATTLE — A railway and a Washington Indian tribe recently responded to a Ninth Circuit U.S. Court of Appeals’ order directing the railway to explain some of the wording it used in its briefing on appeal in a dispute over a rail easement on a reservation, specifically passages that use “language about which the panel is particularly concerned” (Swinomish Indian Tribal Community v. BNSF Railway Company, No. 18-35704, 9th Cir., 2019 U.S. App. LEXIS 21261)....