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MT. FIR LUMBER CO. v. TEMPLE DIST. CO.

15994; CA A29423.

688 P.2d 1378 (1984)

70 Or.App. 192

MOUNTAIN FIR LUMBER CO., Inc., Appellant, v. TEMPLE DISTRIBUTING CO., Respondent, v. R.M. Richmond and R.F. Richmond, Dba Richmond's Service, Respondents.

Court of Appeals of Oregon.

Decided October 10, 1984.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant. With him on briefs was Morrison, Dunn, Carney, Allen & Tongue, Portland.

James Jeffrey Adams, Portland, argued the cause for respondent Temple Distributing Co. With him on brief was Mitchell, Lang & Smith, Portland.

James H. Gidley, Portland, waived appearance for respondents R.M. Richmond and R.F. Richmond, dba Richmond's Service.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this action for property damage resulting from a fire caused by the ignition of gasoline while defendant Temple Distributing Co. was transporting it in a gasoline delivery truck. We use the term defendant in this opinion to refer to Temple Distributing Co., the only defendant that appeared in the appeal. Defendant interposed an affirmative defense of contributory negligence, based on plaintiff's storage of combustible...

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