Court of Appeals for the Ninth Circuit March 4, 2020, 18-35704 (Swinomish Indian Tribal Cmty. v. Bnsf Railway Company)

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SWINOMISH INDIAN TRIBAL No. 18-35704

COMMUNITY, a federally

recognized Indian Tribe, D.C. No.

Plaintiff-Appellee, 2:15-cv-00543-RSL

v.

OPINION

BNSF RAILWAY COMPANY, a

Delaware corporation,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Washington

Robert S.