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OTECC v. CO-GEN CO.

(96-CV-0203 ST; CA A98842)

7 P.3d 594 (2000)

168 Or. App. 466

OREGON TRAIL ELECTRIC CONSUMERS COOPERATIVE, INC., an Oregon corporation, Appellant—Cross-Respondent, v. CO-GEN CO., an Oregon general partnership, D.R. Johnson Lumber Co., an Oregon corporation, Strawberry Mountain Power Company, an Oregon corporation, and Jodi Johnson Prairie Trust, Respondents—Cross-Appellants.

Court of Appeals of Oregon.

Decided June 21, 2000.

Attorney(s) appearing for the Case

Barbee B. Lyon, Portland, argued the cause for appellant—cross-respondent. With him on the briefs was Tonkon Torp LLP.

Arden E. Shenker argued the cause for respondents—cross-appellants. With him on the briefs were Robert T. Mautz and Mautz, Baum & O'Hanlon LLP and Michael J. Gentry and Tooze, Duden, Creamer, Frank & Hutchison.

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

LINDER, J.

This is a declaratory judgment action in which plaintiff, Oregon Trail Electric Consumers Cooperative, Inc. (OTECC), appeals and defendants, Co-Gen Co., et al.1 (Co-Gen), cross-appeal. OTECC sought a declaration that, under a 1984 contract for the purchase of electricity, the circuit court could modify the negotiated purchase price upon a finding that the price is contrary to the public interest. OTECC also sought a related...

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