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ASBURY TRANSP. v. CONSOLIDATED FRGT. CORP. OF DEL.

501 P.2d 321 (1972)

ASBURY TRANSPORTATION COMPANY, a Corporation, Respondent, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Inc., a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 28, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the briefs was John Gordon Gearin, Portland.

Edwin J. Peterson, Portland, argued the cause for respondent. With him on the brief were Paul R. Duden, and Tooze, Powers, Kerr, Tooze & Peterson, Portland.

HOWELL, Justice.

This is a dispute between two interstate trucking firms as to which firm is obligated to pay certain fuel and highway use taxes. The action was tried before the court without a jury, and a judgment was rendered for plaintiff. Defendant appeals.

Plaintiff, Asbury Transportation Company, and defendant, Consolidated Freightways Corporation, are both engaged in the business of interstate hauling. Between October 1967 and November 1968 the plaintiff...

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