SHASTA VIEW IRRIGATION DISTRICT, a municipal corporation, Plaintiff,
v.
AMOCO CHEMICALS CORPORATION; Amoco Chemical Company, a corporation a/k/a Amoco Chemical Corp; Amoco Reinforced Plastics Company, Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 7, 1998.
Decided July 29, 1999.
Attorney(s) appearing for the Case
James M. Duncan, of Perlman & Duncan, Bakersfield, California, filed the brief and argued the cause for plaintiff. With him on the brief was Stanley C. Jones, Jr., of Boivin Jones Uerlings DiIaconi & Oden PC, Klamath Falls.
Roy Pulvers, of Lindsay, Hart, Neil & Weigler, LLP, Portland, argued the cause for defendants. With him on the brief were Jerard S. Weigler, Portland, and Randall S. Henderson, Pasadena, California.
Jas. Adams, Assistant Attorney General, Salem, filed a brief for amicus curiae State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
James N. Gardner, of Gardner & Gardner, Portland, and William N. Stiles, of Sussman Shank Wapnick Caplan & Stiles, LLP, Portland, filed a brief for amici curiae Associated Oregon Industries, Pharmaceutical Research and Manufacturers of America, and Oregon-Columbia Chapter of the Associated General Contractors of America, Inc.
Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and LEESON, Justices.
Supreme Court of Oregon.
LEESON, J.
This case is before the court on certified questions of Oregon law from the United States Court of Appeals for the Ninth Circuit under ORS 28.200 et seq. and ORAP 12.20. We take the following facts from the Ninth Circuit's certification order:
"Shasta View Irrigation District (`Shasta') was organized and formed on December 5, 1917, pursuant to Chapter 357 of the Oregon Laws of 1917, now Chapter 545 of the Oregon Revised Statutes. There are...
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