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NW. GAS SUPPLY v. DOMESTIC GAS CO.

245 Or. 171 (1966)

418 P.2d 258

421 P.2d 391

NORTHWEST GAS SUPPLY, INC. v. DOMESTIC GAS COMPANY

Supreme Court of Oregon.

Reversed and remanded September 21, 1966.

Petition for rehearing denied December 14, 1966.

Attorney(s) appearing for the Case

Cleveland C. Cory, Portland, argued the cause for appellant. With him on the briefs were Clarence R. Wicks and Robert H. Huntington, Portland.

Lester Epstein, Portland, David R. Vandenberg, Jr., Klamath Falls, and Benjamin Parkinson, San Francisco, California, argued the cause for respondents. Carey and Epstein, Henry A. Carey, Jr. and Lester Epstein, Portland, filed a brief for respondent Domestic Gas Company. David R. Vandenberg, Jr. and B.H. Parkinson, Jr. filed a brief for respondent Klamath Gas Company.

Before PERRY, J., Presiding, and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

In these actions, which were consolidated for trial, plaintiff, a wholesale distributor of propane gas, seeks to recover amounts allegedly due from the sale of gas to defendants. Defendants counterclaimed alleging that they were overcharged in violation of an agreement by plaintiff not to charge defendants a higher price than that charged other retail distributors. Plaintiff appeals from a judgment allowing defendants to...

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