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JONES OREGON STEVEDORING v. PORT OF PORTLAND

Nos. A8310-06233; CA A37773.

729 P.2d 582 (1986)

82 Or.App. 608

JONES OREGON STEVEDORING Co., a Corporation, Appellant, v. PORT OF PORTLAND, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1986.

Reconsideration Denied February 27, 1987.

Attorney(s) appearing for the Case

Linda M. Seluzicki, Portland, argued the cause for appellant. With her on the briefs were Jerard S. Weigler and Lindsay, Hart, Neil & Weigler, Portland.

William P. Buren, Portland, argued the cause for respondent. With him on the brief were John G. Holden and Wood Tatum Mosser Brooke & Landis, Portland.

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

WARREN, Judge.

Plaintiff (Jones) appeals from a summary judgment for defendant. It contends that its tort claim is not barred by ORS 30.265(3)(a) and that there is a genuine issue of fact as to whether it is a third-party beneficiary of a contract between the Port of Portland (Port) and Toyota Motor Sales, USA, Inc. (Toyota).

Toyota purchases vehicles from Toyota Motor Company (Toyota Japan). Toyota Japan contracts...

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