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US WEST COMMUNICATIONS, INC. v. EACHUS

92C-11645; CA A77629.

862 P.2d 102 (1993)

124 Or. App. 325

US WEST COMMUNICATIONS, INC., formerly Pacific Northwest Bell Communications, Inc., Appellant, v. Ron EACHUS, Joan Smith and Roger Hamilton, Respondents, and Citizens' Utility Board, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided November 3, 1993.

Attorney(s) appearing for the Case

Charles L. Best, Portland, argued the cause and filed the briefs for appellant.

Harrison Latto, Asst. Atty. Gen., argued the cause for respondents Ron Eachus, Joan Smith and Roger Hamilton. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance by intervenor-respondent Citizens' Utility Bd.

Before WARREN, P.J., and EDMONDS and De MUNIZ, JJ.

EDMONDS, Judge.

Plaintiff appeals from a judgment dismissing its action to set aside an order of the Public Utility Commission (PUC). The court held that the proceeding was not filed timely pursuant to ORS 756.5801 and dismissed it. ORCP 21 A(9). We affirm.

In August, 1989, the PUC issued order No. 89-1044 concerning a contract between plaintiff and another corporation. Plaintiff timely brought an action to vacate that order in...

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