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ROSE CITY TRANSIT CO. v. CITY OF PORTLAND

533 P.2d 339 (1975)

ROSE CITY TRANSIT CO., an Oregon Corporation, and Landport Co., Inc., an Oregon Corporation, Plaintiffs, v. CITY OF PORTLAND, an Oregon Municipal Corporation, and Tri-County Metropolitan Transportation District of Oregon, a Municipal Corporation, Defendants. (Franchise Case) Not On Review City of Portland, Oregon, an Oregon Municipal Corporation; Mass Transit District for Washington, Clackamas and Multnomah Counties, Oregon, an Oregon Municipal Corporation, Plaintiffs, v. Rose City Transit Co., an Oregon Corporation, et al., Defendants, Charles C. Bowen et al., Defendants. (Pension Case) On Review

Supreme Court of Oregon, In Banc.

Decided April 1, 1975.

Attorney(s) appearing for the Case

Gerard K. Drummond of Rives, Bonyhadi & Drummond, Portland, argued the cause for plaintiffs City of Portland and Mass Transit Dist. With him on the briefs for Mass Transit Dist. were Clifford B. Alterman of Kell, Alterman, Runstein & Thomas and Dezendorf, Spears, Lubersky & Campbell, Portland. On the briefs for City of Portland were John Osburn, City Atty., and Marian C. Rushing, Portland.

Douglass M. Hamilton, Portland, argued the cause for defendants Rose City Transit Co., Landport Co., and Portland Transit Co. With him on the brief were R.R. Bullivant and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Allan Hart and Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Robert M. Kerr, Edwin J. Peterson and Tooze, Kerr & Peterson, Portland.

Don G. Swink, Portland, argued the cause and filed a brief for defendant Division No. 757 Amalgamated Transit Union and others.

HOWELL, Justice.

This review concerns two declaratory judgment proceedings between the City of Portland and the Tri-County Metropolitan Transportation District of Oregon (Tri-Met) on the one hand and Rose City Transit Co. and Landport Co., Inc., on the other. In the first case, which has been denominated the franchise case (Rose City Transit v. City of Portland, 18 Or.App. 369, 525 P.2d 1325-1340 (1974), Rose City and

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