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ARROW TRANSPORTATION COMPANY v. FRUEHAUF CORPORATION

Civ. No. 67-296.

289 F.Supp. 170 (1968)

ARROW TRANSPORTATION COMPANY, a Delaware corporation, Plaintiff, v. FRUEHAUF CORPORATION, a Michigan corporation, Defendant.

United States District Court D. Oregon.

March 12, 1968.

Attorney(s) appearing for the Case

Duane Vergeer, Vergeer, Samuels, Cavanaugh & Roehr, Portland, Or., for plaintiff.

Darrel L. Johnson, Pendergrass, Spackman, Bullivant & Wright, Portland, Or., for defendant.

OPINION

KILKENNY, District Judge:

The parties have requested rulings, in advance of trial, on the issues hereinafter stated.

In August, 1958, plaintiff purchased a tanker-trailer from the defendant. This unit was equipped with a fifth wheel unit, consisting, in part, of an upper plate and kingpin assembly. The trailer was placed in operation in December, 1958.

On September 10, 1966, the trailer, loaded with approximately 7,700 gallons of...

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