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PORTLAND STAGES, INC. v. CITY OF PORTLAND

450 P.2d 764 (1969)

PORTLAND STAGES, INC., Tualatin Valley Buses, Inc., Intercity Buses, Inc., and Estacada-Molalla Stages, Inc., Appellants, v. CITY OF PORTLAND, Terry D. Schrunk, Ormond Bean, William Bowes, Stanley Earl, Mark Grayson, Rose City Transit Co., and Robert Y. Thornton, Attorney General of the State of Oregon, Respondents.

Supreme Court of Oregon, In Banc.

Decided February 19, 1969.

Attorney(s) appearing for the Case

Peter G. Voorhies, and Clifford B. Alterman, Portland, argued the cause for appellants. With them on the briefs were Kell & Alterman, Portland.

Lamar Tooze, Portland, argued the cause for respondent Rose City Transit Co., and Robert L. Hurtig, Chief Deputy City Atty., Portland, argued the cause for respondents City of Portland, Terry D. Schrunk, et al. With them on the brief was Alexander G. Brown, City Atty., Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

SLOAN, Justice.

Plaintiffs operate passenger bus transportation systems in the greater Portland area. Defendant Rose City Transit Co. is a mass transportation carrier whose routes are confined to an area bounded by the corporate limits of the city of Portland "and within a radius of three air-miles beyond the corporate limits" of the city. ORS 767.035(1).1 The same statute exempts such carriers...

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