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MARKET TRANSPORT v. MAUDLIN

TC A8211-07250; CA A31966; SC S32079; SC S32085.

725 P.2d 914 (1986)

301 Or. 727

MARKET TRANSPORT, LTD., an Oregon corporation, Respondent on review/Petitioner on review, v. Gene MAUDLIN, Public Utility Commissioner of Oregon, Petitioner on review/Respondent on review.

Supreme Court of Oregon.

Decided September 16, 1986.

Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for petitioner on review/respondent on review. With him on petition and response were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., Michael D. Reynolds and Paul A. Graham, Asst. Attys. Gen., Salem.

Jeffrey L. Kleinman, Portland, argued the cause for respondent on review/petitioner on review and filed a petition and response.

Before PETERSON, C.J., LENT, LINDE, CAMPBELL, CARSON and JONES, JJ., and GILLETTE, J. Pro Tem.

GILLETTE, Justice.

This is a weight-mile tax case. The Public Utility Commissioner (Commissioner) issued an order finding that plaintiff had acted as a common carrier with respect to the transport of unregulated goods for its customer, Fred Meyer, Inc., and was therefore responsible for paying a weight-mile tax pursuant to ORS 767.775 et seq. Plaintiff then sought review of the Commissioner's order in the circuit court which, after reviewing the Commissioner...

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