CARRUTHERS v. PORT OF ASTORIA


438 P.2d 725 (1968)

Eben H. CARRUTHERS, Appellant, v. PORT OF ASTORIA, a Municipal Corporation, and Albert E. Rissman, J. Frank Hoagland, James T. Campbell, Howard B. Johnson, Russell Fluhrer, Constituting the Board of Commissioners of the Port of Astoria, Respondents.

Supreme Court of Oregon, In Banc.

Decided March 20, 1968.


Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause and filed the briefs for appellant.

Thomas J. White, Portland, and George C. Fulton, Astoria, argued the cause for respondents. With them on the brief were Anderson, Fulton & Lavis, Astoria, E. Wayne Cordes and White, Sutherland & Gilbertson, Portland, William H. Cannon and Nixon, Mudge, Rose, Guthrie, Alexander & Mitchell, New York City.

Herbert M. Schwab, Gerard K. Drummond and Rives & Schwab, Portland, filed a brief for Oregon State Public Port Authorities Association as amicus curiae.

Geo. A. Rhoten, Acting Sp. Asst. Atty. Gen., Salem, filed a brief in behalf of Oregon Department of Commerce — Economic Development Division as amicus curiae.

Before PERRY, C.J., and McALLISTER, O'CONNELL, GOODWIN, DENECKE, LUSK, and LANGTRY, JJ.


LANGTRY, Justice pro tem.

This case tests the validity of action of the Port of Astoria, a municipal corporation, to effect the sale of $142,000,0001 in revenue bonds to finance building, within the area of the port district, wharves, conveyors and plant to be used generally in reducing aluminum ore to aluminum. The state statutes authorizing such action also are tested in this proceeding. The...

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