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BAKER v. SOUTHERN PAC. TRANSP.

Nos. 75-1783, 75-1784.

542 F.2d 1123 (1976)

Ray Arthur BAKER, Individually and A & R Lumber Sales, Inc., an Oregon Corporation, Plaintiffs-Appellants, v. SOUTHERN PACIFIC TRANSPORTATION, a Delaware Corporation, Defendant-Appellee. A & R LUMBER SALES, INC., an Oregon Corporation, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 1, 1976.

Attorney(s) appearing for the Case

Edward H. Warren (argued), of Hershiser, Mitchell & Warren, Portland, Or., for plaintiffs-appellants.

James H. Clarke (argued), of Dezendorf, Spears, Lubersky & Campbell, Portland, Or., for defendant-appellee.

Before TRASK and GOODWIN, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

This is a consolidated appeal in two cases involving a claim of A & R Lumber Sales, Inc. for damages to its truck in a collision with Southern Pacific Transportation Company's train. We conclude that in No. 75-1783 there was no judgment from which an appeal could properly be taken and dismiss the appeal without prejudice. In No. 75-1784 A & R failed to assert a compulsory counterclaim in a prior action, and we affirm the summary judgment...

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