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BEALL TRANSPORT EQUIP. CO. v. SOUTHERN PACIFIC

(9701-00347; CA A102619)

13 P.3d 130 (2000)

170 Or. App. 336

BEALL TRANSPORT EQUIPMENT CO., an Oregon corporation, Respondent, v. SOUTHERN PACIFIC TRANSPORTATION, a Delaware corporation; Union Pacific Railroad Company, a Utah corporation; City of Portland; State of Oregon, acting by and through the Department of Motor Vehicles; John Hren; John R. Greisen; Thomas Morrison; W. Raymond Horn; Stuart Abrams; Wayne C. Klepper and Stuart Abrams, dba Abrams Metals, Inc., Defendants, and Abrams, Inc., dba Abrams Scrap Metals, Inc., Appellant. Southern Pacific Transportation Company, a Delaware corporation, and Union Pacific Railroad Company, a Utah corporation, Respondents, v. Wayne C. Klepper, Third-Party Defendant, and Stuart Abrams, Appellant.

Court of Appeals of Oregon.

Decided October 11, 2000.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant Abrams, Inc., and Stuart Abrams. With him on the briefs was Michael H. Bloom.

Patrick L. Block, Portland, argued the cause for respondent Beall Transport Equipment Co. With him on the brief were Steven G. Marks and Buono Block PC.

Christopher T. Carson, Portland, argued the cause for respondents Southern Pacific Transportation Company and Union Pacific Railroad Company. On the brief were Gregory B. Snook, Jeffrey A. Kilmer, and Kilmer, Voorhies & Laurick, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

These consolidated civil cases arise from the theft of approximately 130 semi-trailers from the Southern Pacific Transportation Company's Brooklyn (eastside Portland) rail yard. Stuart Abrams and Abrams, Inc. (collectively, Abrams), who purchased the trailers from the thief, appeal from judgments (1) in favor of Southern Pacific on its conversion claim against Abrams, and (2) in favor of Beall Transport Equipment Co. (Beall), to whom Abrams sold many...

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