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IRON HORSE ENGINEERING v. NORTHWEST RUBBER EXTRUDERS

0002-01794; A115936.

89 P.3d 1249 (2004)

193 Or. App. 402

IRON HORSE ENGINEERING CO., INC., a Florida corporation, Respondent, v. NORTHWEST RUBBER EXTRUDERS, INC., an Oregon corporation Appellant. Northwest Rubber Extruders, Inc., an Oregon corporation, Counterclaim Plaintiff, v. Iron Horse Engineering Co., Inc., a Florida corporation, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided May 12, 2004.

Attorney(s) appearing for the Case

Thomas J. Murphy, Tigard, argued the cause for appellant. With him on the briefs was Scott Hookland LLP.

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were Stoel Rives LLP, Julie R. Vacura and Larkins Vacura LLP, and Judy D. Snyder and Hoevett Snyder & Boise, PC.

Before LINDER, Presiding Judge, and WOLLHEIM, Judge, and BARRON, Judge pro tempore.

WOLLHEIM, J.

This action arises out of a contract involving "rail boot" for the Portland Streetcar Project (the project). "Rail boot" is a rubber cover that is placed around streetcar rail tracks that are embedded in pavement. Appellant Northwest Rubber Extruders, Inc. (Northwest) is a rubber and plastic company that manufactures rail boot through a process called "extrusion." Respondent Iron Horse Engineering Co., Inc. ...

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