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FLYING TIGER LINE v. PORTLAND TRADING CO.

No. A7808-11307; CA 13127.

608 P.2d 577 (1980)

45 Or.App. 345

The FLYING TIGER LINE, Inc., a Delaware Corporation, Respondent, v. PORTLAND TRADING COMPANY, an Oregon Corporation, Defendant-Third Party Plaintiff-Respondent, v. Western Garment Associates, Inc., a Nevada Corporation; Henry M. Cohn; Douglas Cohn; and Kathryn Cohn, Third Party Defendants-Cross Complainants-Appellants.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

S. Ward Greene, Portland, argued the cause for third party defendants-cross complainants-appellants. With him on the appellants' brief was Otting & Enz, P.C., Portland. With him on the appellants' reply brief was McMenamin, Joseph, Herrell & Babener, Portland.

James M. Westwood, Portland, argued the cause for Portland Trading Co., an Oregon corporation. With him on the brief were Richard A. Cantlin, Jr., and Miller, Anderson, Nash, Yerke & Wiener, Portland.

F. Gordon Allen, Portland, argued the cause for respondent The Flying Tiger Line, Inc., a Delaware corporation. With him on the brief was Bolliger, Hampton & Tarlow, P.C., Portland.

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

SCHWAB, Chief Judge.

This case began as an action for money due on an open account. Third party defendant appeals, its dispositive assignment of error being that the circuit court lacked subject matter jurisdiction.

From May to August, 1977, The Flying Tiger Line, Inc., (plaintiff) transported merchandise for "Protege", a division of Portland Trading Company (defendant). In October, 1977, defendant sold its "Protege" division to Western Garment Associates...

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