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WESTERN ENERGY, INC. v. GEORGIA-PACIFIC CORP.

No. A7808-14203; CA 16421.

637 P.2d 223 (1981)

55 Or.App. 138

WESTERN ENERGY, INC., an Oregon Corporation, Respondent, v. GEORGIA-PACIFIC CORPORATION, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1981.

Attorney(s) appearing for the Case

T. Leonard O'Byrne, Portland, argued the cause for appellant. With him on the briefs was O'Byrne & Ingalls, Portland.

John M. Berman, Portland, argued the cause for respondent. With him on the brief was Spears, Lubersky, Campbell & Bledsoe, Portland.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

The relevant facts of this litigation arose out of an arm's-length business transaction in Louisiana. After negotiations in the fall of 1977 and early 1978, the parties entered into an agreement for plaintiff to supply phenolic tar, a waste oil fuel, to defendant for its plant in Port Hudson, Louisiana. The case was tried on the basis that the substantive law of Louisiana applied.

Plaintiff alleged a...

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