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COPELAND v. PUBLIC UTILITY COMMISSIONER

535 P.2d 569 (1975)

Robert D. COPELAND and Shirley Copeland, Doing Business under the Name of Copeland Fuel, Respondents, v. PUBLIC UTILITY COMMISSIONER of Oregon, Appellant.

Court of Appeals of Oregon.

Decided May 27, 1975.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

W.W. Balderree, Grants Pass, argued the cause and filed a brief for respondents.

Robert R. Hollis, Portland, filed an amicus curiae brief on behalf of respondents.

Before SCHWAB, C.J., and LANGTRY and TONGUE, JJ.

TONGUE, Judge Pro Tem.

This is a suit under ORS 756.580 to reverse an order by the Public Utility Commissioner approving the assessment of highway use taxes against plaintiffs in the sum of $7,713.34 for hauling sand and gravel from their operations on the Rogue River to their rockcrusher and processing plant in Grants Pass.

The sole issue is whether, under the facts of this case, the hauling of such sand and gravel constituted "the transportation of sand...

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