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SOUTHERN PAC. TRANSP. v. SCHOOL DIST. NO. 40

CA 15128; SC 27674.

635 P.2d 645 (1981)

291 Or. 867

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Petitioner, v. SCHOOL DISTRICT NO. 40, McMINNVILLE, the Stonewall Insurance Company, Market Insurance Company, and Oregon Automobile Insurance Company, Respondents.

Supreme Court of Oregon.

Decided November 3, 1981.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for petitioner. With him on the briefs were Laurence F. Janssen, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Robert M. Johnstone, of Cushing, Johnstone & Peterson, McMinnville, argued the cause for respondent School Dist. No. 40.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent Market Ins. Co. With him on the briefs were Kenneth E. Roberts, Sr. and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

William H. Morrison, Portland, argued the cause for respondent Oregon Auto. Ins. Co. With him on the briefs were G. Kenneth Shiroishi, and Morrison, Dunn, Cohen, Miller & Carney, Portland.

Before DENECKE, C.J., and LENT, LINDE, PETERSON and TANZER, JJ.

LENT, Justice.

This case is closely related to Espinosa v. Southern Pacific Trans., ___ Or. ___, 635 P.2d 638 (1981), also decided today by this court.

This case, like Espinosa, arose out of a collision in September, 1976, between a locomotive owned and operated by the Southern Pacific Transportation Company (hereinafter SP) and a school bus operated by School District No. 40, McMinnville (hereinafter District...

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