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WATER POWER CO., INC. v. PACIFICORP

8607-04185; CA A46977.

781 P.2d 860 (1989)

99 Or.App. 125

WATER POWER COMPANY, Inc., a Utah Corporation, Dba C-B Hydro, Inc. and L.M. Baker, Dba Small Scale Hydropower, Appellants, v. PACIFICORP, a Maine Corporation, Dba Pacific Power & Light Co., Respondent, v. Douglas Electric Cooperative, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 25, 1989.

Reconsideration Denied December 22, 1989.

Attorney(s) appearing for the Case

Arden E. Shenker, Portland, argued the cause for appellants. With him on the briefs were Robert E.L. Bonaparte and Tooze Marshall Shenker Holloway & Duden, Portland.

Stephen S. Walters, Portland, argued the cause for respondent PacifiCorp. With him on the brief were Charles F. Adams and Stoel Rives Boley Jones & Grey, Portland.

No appearance for respondent Douglas Elec. Co-op.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Plaintiffs (Water Power) appeal a judgment for defendant (Pacific) in an action for damages for breach of an electric power purchase agreement.1 The jury returned a general verdict for Pacific. Water Power makes ten assignments of error challenging the court's giving or refusing to give instructions, its ruling that the Public Utility Commission (PUC) had primary jurisdiction and...

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