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ROSE CITY TRANSIT CO. v. CITY OF PORTLAND

525 P.2d 1325 (1974)

ROSE CITY TRANSIT CO., an Oregon Corporation, and Landport Co., Inc., an Oregon Corporation, Appellants-Cross-Respondents, v. CITY OF PORTLAND, an Oregon Municipal Corporation, and Tri-County Metropolitan Transportation District of Oregon, a Municipal Corporation, Respondents-Cross-Appellants. City of Portland, Oregon, an Oregon Municipal Corporation, Mass Transit District for Washington, Clackamas and Multnomah Counties, Oregon, an Oregon Municipal Corporation, Respondents-Cross-Appellants, v. Rose City Transit Co., an Oregon Corporation, et al., Appellants-Cross-Respondents, Charles C. Bowen, Defendant, Division No. 757 Amalgamated Transit Union et al., Defendants-Respondents.

Court of Appeals of Oregon.

Decided August 19, 1974.

Attorney(s) appearing for the Case

R.R. Bullivant and Allan Hart, Portland, argued the cause for appellants-cross-respondents. With them on the briefs were Douglass M. Hamilton, Robert M. Kerr, Edwin J. Peterson, Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, and Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

James H. Clarke and Gerard K. Drummond, Portland, argued the cause for respondents-cross-appellants. With them on the briefs were Marian C. Rushing, former Portland City Atty., John W. Osburn, Portland City Atty., Kell, Alterman, Runstein & Thomas, Dezendorf, Spears, Lubersky & Campbell, and Rives, Bonyhadi & Drummond, Portland.

Don G. Swink, Portland, argued the cause and filed the brief for defendants-respondents.

Robert E. Kopp and David M. Cohen, Dept. of Justice, Washington, D.C., filed a brief amicus curiae on behalf of Claude S. Brinegar, Secretary of Trans. of the U.S. of America. With them on the brief were Irving Jaffe, Acting Asst. Atty. Gen., Sallyanne Payton, Joseph A. Blundon and Arthur R. Silen, Washington, D.C.

Before FOLEY, P.J., and FORT and LUSK, JJ.

FOLEY, Judge.

This is a consolidated appeal of two cases arising out of the termination by the city of Portland of a mass transit franchise awarded to Rose City Transit Co. (Rose City). The first case (the franchise case) was brought by Rose City Transit Co. and Landport Co. (the Companies) as a declaratory judgment proceeding against the city of Portland (the City) seeking a decree declaring that the City had breached the terms of the mass transit franchise by unilaterally...

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