OREGON PORTLAND C. CO. v. E. I. DU PONT DE NEMOURS & CO.

Civ. A. No. 6341.

118 F.Supp. 603 (1953)

OREGON PORTLAND CEMENT CO. v. E. I. DU PONT DE NEMOURS & CO.

United States District Court D. Oregon.

April 16, 1953.


Attorney(s) appearing for the Case

Robert S. Miller, Fredric A. Yerke, Jr., and King, Miller, Anderson, Nash & Yerke, Portland, Or., for plaintiff.

Hugh L. Biggs, Cleveland C. Cory, and Hart, Spencer, McCulloch, Rockwood & Davies, Portland, Or., for defendant.


SOLOMON, District Judge.

Plaintiff filed this action against defendant to recover $35,000. Its complaint alleged that a blast, supervised and directed by defendant's employees, at plaintiff's shale quarry located in Baker County, Oregon, on February 23, 1950, failed to move, loosen and break the rock in sufficient quantity to permit it to successfully continue its quarry operations except at great additional expense. It predicated its claim for damages on breach of...

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