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MARKET TRANSPORT v. LOBDELL

Nos. A8211-07250; CA A31966.

703 P.2d 1032 (1985)

MARKET TRANSPORT, Ltd., an Oregon Corporation, Respondent, v. John J. LOBDELL, Public Utility Commissioner of Oregon, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 22, 1985.

Reconsideration Denied September 13, 1985.

Attorney(s) appearing for the Case

Paul A. Graham, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., James F. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem.

Jeffrey L. Kleinman, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

The Public Utility Commissioner determined that plaintiff had acted as a common carrier with respect to the transport of unregulated goods for its customer, Fred Meyer, Inc., and that it was therefore responsible for the weight-mile tax imposed under ORS 767.775 et seq. On review, ORS 756.580, the circuit court reversed, holding that plaintiff had acted only as a broker with respect to the transactions and was therefore not responsible...

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