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STATE, ETC. v. COLUMBIA BASIN ELEC. CO-OP.

No. 2536; CA 18390.

646 P.2d 96 (1982)

57 Or.App. 590

STATE of Oregon, Acting by and through Its Department of Forestry by and through J.E. Schroeder, State Forester, Respondent, v. COLUMBIA BASIN ELECTRIC CO-OP, Inc., a Corporation, Appellant, Kinzua Corporation, an Oregon Corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided June 9, 1982.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for appellant. With him on the briefs were Robert F. Riede, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Paul E. Geddes and Geddes, Walton, Richmond, Nilsen & Smith, Roseburg, filed a brief amicus curiae for Oregon Rural Electric Co-op. Ass'n.

Charles F. Hinkle, Arnold L. Gray, and Stoel, Rives, Boley, Fraser & Wyse, Portland, filed a brief amicus curiae for Pacific Power & Light Co.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

In this civil action, plaintiff Oregon Department of Forestry was awarded a money judgment against defendant Columbia Basin Electric Co-op, Inc., for the cost of suppressing a forest fire after the trial court, on plaintiff's motion for partial summary judgment, ruled that defendant was liable for the suppression costs as a matter of law under ORS chapter 477.1 Defendant appeals from the resulting judgment. We...

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