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WILDISH SAND & GRAVEL v. N.W. NATURAL GAS

A8709-05743; CA A50955.

796 P.2d 1237 (1990)

103 Or.App. 215

WILDISH SAND & GRAVEL Co., Appellant, v. Northwest NATURAL GAS Company, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 29, 1990.

Reconsideration Denied October 31, 1990.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were John R. Bakkensen, Melinda S. Eden and Miller, Nash, Wiener, Hager & Carlsen, Portland.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson & Wyatt, Portland.

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

NEWMAN, Judge.

Plaintiff brought this action, asserting that defendant charged it a higher rate for natural gas than it charged plaintiff's competitors. Plaintiff appeals a summary judgment for defendant. We affirm.

These facts are not in dispute. Plaintiff is an asphalt and concrete producer, with two plants in Eugene. From 1978 to 1986, plaintiff purchased natural gas from defendant under Rate Schedule 23, which provided for interruptible service at an incentive...

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