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SOUTHERN PACIFIC TRANSP. v. CITY OF PORTLAND

A8405-02961; A8409-05523; CA A33508; CA A34378.

706 P.2d 1000 (1985)

75 Or.App. 149

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Appellant, v. CITY OF PORTLAND, Oregon, a Municipal Corporation, and Eugene Maudlin, in His Capacity As Public Utility Commissioner, Respondents.

Court of Appeals of Oregon.

Decided September 18, 1985.

Reconsideration Denied November 1, 1985.

Review Denied November 26, 1985.

Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause for appellant. With him on the briefs was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Harry Auerbach, Deputy City Atty., Portland, argued the cause for respondent City of Portland. On the brief was Rhona Wolfe Friedman, Managing Atty., Tort Litigation Section, Office of City Atty., Portland.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent Eugene Maudlin. With him on the briefs were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

On June 11, 1982, Sherril and Aaron Anderson were injured when their truck collided with a Southern Pacific train at the Southeast 9th Avenue and Division Street grade crossing in Portland. On August 26, 1982, they gave written notice to the City of Portland (City) and the Public Utilities Commissioner (PUC) that they intended to assert personal injury claims against those public bodies. In November, 1982, Sherril Anderson filed a complaint seeking...

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