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SOUTHERN PACIFIC TRANSP. v. SCH. DIST. NO. 40

No. A7811-18284; CA 15128.

624 P.2d 176 (1981)

50 Or.App. 607

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

Court of Appeals of Oregon, In Banc.

Review Allowed May 5, 1981.

Argued and Submitted June 11, 1980.

Resubmitted February 12, 1981.

Attorney(s) appearing for the Case

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

Robert M. Johnstone, McMinnville, argued the cause for respondent School Dist. No. 40, McMinnville. With him on the brief was Cushing, Johnstone & Peterson, P.C., McMinnville.

The appeal filed by appellant on August 10, 1979, was dismissed against respondent The Stonewall Ins. Co. on June 9, 1980.

Ridgway K. Foley, Portland, argued the cause for respondent Market Ins. Co. With him on the brief were Kenneth E. Roberts and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

Resubmitted In Banc February 12, 1981.

PER CURIAM.

Affirmed. Espinosa v. Southern Pacific Trans., 50 Or.App. 561, 624 P.2d 162 (February 18, 1981).

ROBERTS, J., dissenting in part.

ROBERTS, Judge, dissenting in part.

For the reasons stated in my dissenting opinion in Espinosa v. Southern Pacific Trans., 50 Or.App. 561...

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