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BURLINGTON NORTHERN INC. v. UNION PACIFIC R. CO.

515 P.2d 914 (1973)

In the matter of the Arbitration between BURLINGTON NORTHERN INC., Appellant, and Union Pacific Railroad Company and Southern Pacific Transportation Company, Respondents.

Supreme Court of Oregon.

Decided November 15, 1973.

Attorney(s) appearing for the Case

Roger J. Crosby, Portland, argued the cause and filed the briefs for appellant.

Randall B. Kester, Portland, argued the cause for respondent Union Pacific Railroad Company. Oglesby H. Young, Portland, argued the cause for respondent Southern Pacific Transportation Company. They filed a joint respondents' brief.

Before DENECKE, Presiding Justice, and HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is an appeal from a judgment based upon an arbitration award. It is contended on this appeal that "[T]he arbitrator exceeded his powers, or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made," as provided by ORS 33.320(4).1 It is also contended that the arbitrator committed "manifest error" and that his decision is "so grossly erroneous [so] as to strike...

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