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BEALL TRANSPORT EQUIP. CO. v. SO. PACIFIC

9701-00347, 9701-00757; A102619.

64 P.3d 1193 (2003)

186 Or. App. 696

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, Third-Party Respondents, v. Wayne C. Klepper, Third-Party Defendant, and Stuart Abrams, Third-Party Appellant. Abrams, Inc., Appellant, v. Southern Pacific Transportation Company, a Delaware Corporation, and Union Pacific Railroad Company, a Utah Corporation, Respondents.

Court of Appeals of Oregon.

Decided March 13, 2003.

Attorney(s) appearing for the Case

Thomas M. Christ and Michael H. Bloom, Portland, for appellant Abrams, Inc., and third-party appellant Stuart Abrams.

Patrick L. Block, Portland, Steven G. Marks, and Buono Block PC, Portland, for respondent Beall Transport Equipment Co.

Christopher T. Carson, Gregory B. Snook, Jeffrey A. Kilmer, and Kilmer, Voorhees & Laurick, P.C., Portland, for third-party respondents Southern Pacific Transportation Company and Union Pacific Railroad Company.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

This case is before us following remand from the Oregon Supreme Court. Beall Transport Equipment Co. v. Southern Pacific, 335 Or. 130, 60 P.3d 530 (2002). The only remaining issue for our determination is whether the trial court erred in refusing to give an instruction, requested by appellants Stuart Abrams and Abrams, Inc. (collectively "Abrams"),1

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