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BOARDMASTER CORPORATION v. JACKSON COUNTY

070876L2, A137053.

198 P.3d 454 (2008)

224 Or. App. 533

BOARDMASTER CORPORATION, Larry Olson, and Garry Olson, Plaintiffs-Appellants, v. JACKSON COUNTY, R. Michael Kuntz, and Pacific Power, Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Eric A. Kaufman, Medford, argued the cause and filed the briefs for appellants.

Benjamin M. Bloom, Medford, argued the cause for respondents Jackson County and R. Michael Kuntz. With him on the brief was Hornecker, Cowling, Hassen & Heysell, L.L.P.

Jeffrey S. Lovinger, Portland, argued the cause for respondent Pacific Power. With him on the brief were Kenneth E. Kaufmann, Charles A.C. von Reis, and Lovinger Kaufmann LLP.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Plaintiffs, BoardMaster Corporation (BoardMaster) and its officers, Larry and Garry Olson, brought this action against defendants Pacific Power, Jackson County, and R. Michael Kuntz after Jackson County ordered Pacific Power to discontinue electrical service to BoardMaster's lumber mill. The trial court dismissed plaintiffs' claims against defendant Pacific Power, pursuant to ORCP 21 A(8), on the basis that applicable tariffs authorized Pacific Power...

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