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UNITED PARCEL SERV. v. OREGON TRANSP. COM'N

555 P.2d 778 (1976)

27 Or.App. 147

UNITED PARCEL SERVICE, Inc., and Portland Inn, Inc., Petitioners, v. THE OREGON TRANSPORTATION COMMISSION OF THE STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided November 1, 1976.

Attorney(s) appearing for the Case

John Wiley Gould, Portland, argued the cause for petitioners. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, and Stephen T. Janik, Matthew W. Chapman and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

Petitioners seek judicial review pursuant to ORS 183.400(1) to have Administrative Rule No. 73 of the Oregon Transportation Commission declared invalid because of noncompliance with statutory rule making procedures.

On August 12, 1975, the City of Portland adopted an ordinance rerouting truck traffic to and from the industrial complex on Swan Island during certain nighttime hours.1 Because the designated route included...

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