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SCOVELL v. TRK TRANS, INC.

TC 16-80-06182; CA A29387; SC S31473.

705 P.2d 1144 (1985)

Joseph H. SCOVELL, Personal Representative of the Estate of Roy Horace Scovell, Deceased, Plaintiff, v. TRK TRANS, INC., a Corporation, and Charles Glenn Robbins, Defendants, and Trk Trans, Inc., a Corporation, Respondent On Review, v. State of Oregon, Oregon Transportation Commission, Highway Division, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 2, 1985.

Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem.

Richard A. Roseta, Eugene, argued the cause for respondent on review.

LINDE, Justice.

The decision of the Court of Appeals is reversed and the judgment of the Circuit Court is reinstated. Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149 (1985).

PETERSON, C.J., filed a concurring opinion.

LENT, J., filed a specially concurring opinion.

PETERSON, Chief Justice, concurring.

I concur in the result, because I agree with Justice Lent that the failure to plead extinguishment...

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