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PORTLAND INN, INC. v. OREGON TRANSP. COM'N

No. 424-307; CA 10502.

593 P.2d 1233 (1979)

39 Or.App. 749

PORTLAND INN, INC., a Missouri Corporation, United Parcel Service, Inc., an Ohio Corporation, Respondents, v. THE OREGON TRANSPORTATION COMMISSION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Mary J. Deits, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on brief, were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Stephen T. Janik, Portland, argued the cause for respondent Portland Inn, Inc., a Missouri corp. With him on brief, were Matthew W. Chapman, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

No appearance for respondent United Parcel Service, Inc., an Ohio corp.

Before RICHARDSON, P.J., and LEE and JOSEPH, JJ.

JOSEPH, Judge.

This proceeding, instituted by parties of which one was a petitioner in United Parcel v. Transp. Comm., 27 Or.App. 147, 555 P.2d 778 (1976), involves a challenge to the same action of the Oregon Transportation Commission (OTC) which was challenged there. The threshold question here is, therefore, what, if anything, remains to be decided in light of the earlier case. If OTC...

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