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SOUTHERN PAC. TRANSP. CO. v. CITY OF EUGENE

No. 78-1877.

627 F.2d 966 (1980)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellee, v. CITY OF EUGENE, an incorporated municipality in the State of Oregon, Defendant-Appellant, and Lane County, a political subdivision of the State of Oregon, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1980.

Attorney(s) appearing for the Case

Leslie M. Swanson, Eugene, Or., argued, John B. Arnold, Johnson, Harrang & Mercer, Eugene, Or., on brief, for defendant-appellant.

James Clarke, argued, John Wiley Gould, Dezendorf, Spears, Lubersky & Campbell, Portland, Or., on brief, for plaintiff-appellee.

Before KILKENNY and PREGERSON, Circuit Judges, and TAKASUGI, District Judge.

PREGERSON, Circuit Judge:

In this diversity action, Southern Pacific Transportation Company (Southern Pacific) seeks reimbursement of $15,875.95 from the City of Eugene and Lane County for a street assessment Southern Pacific paid to Eugene. The district court entered judgment for $15,875.95 in favor of Southern Pacific and against Eugene, and this appeal followed. We affirm.

In 1945, Southern Pacific granted Lane County an easement for a public road over...

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