CASH FLOW INVESTORS, INC. v. UNION OIL CO.

USDC Civil 92-321-MA; SC S40159.

862 P.2d 501 (1993)

318 Or. 88

CASH FLOW INVESTORS, INC., Plaintiff, v. UNION OIL COMPANY OF CALIFORNIA, a California corporation, dba UNOCAL, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 2, 1993.


Attorney(s) appearing for the Case

Roger Tilbury, Portland, argued the cause for plaintiff. With him on the brief were Robert P. Johnson, Roch Steinbach, and Roger McAulay, Certified Law Student, Portland.

John Dudrey, of Williams, Fredrickson & Stark, P.C., Portland, argued the cause for defendant. With him on the brief was Michael D. Williams.

Rex Armstrong, of Bogle & Gates, Portland, argued the cause for amicus curiae McDonald's Corp. With him on the brief were Richard A. Hayden and Christopher L. Reive.

John D. Burns, Gregory A. Chaimov, and Jerry B. Hodson, of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief on behalf of amicus curiae Mobil Oil Corp.


GRABER, Justice.

This case comes to us on a certified question from the United States District Court for the District of Oregon.1 That court stated the relevant facts as follows:

"Plaintiff sought contribution from defendant Union Oil Company of California under ORS 465.255(5)(b) for its costs incurred in a state-mandated cleanup of a former gas station site [contaminated by gasoline that...

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