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PORTLAND TRACTION CO. v. HILL

231 Or. 354 (1962)

372 P.2d 501

PORTLAND TRACTION COMPANY v. HILL, PUBLIC UTILITY COMMISSIONER

Supreme Court of Oregon.

Affirmed as modified June 13, 1962.

Petition for rehearing denied July 6, 1962.

Attorney(s) appearing for the Case

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and Lloyd G. Hammel, Assistant Attorney General, Salem.

Grant T. Anderson, Portland, argued the cause for respondent. On the brief were King, Miller, Anderson, Nash & Yerke, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by the defendant, the Public Utility Commissioner of this state, from a decree which the Circuit Court for Marion County entered in favor of the plaintiff, Portland Traction Company, in a suit instituted by it which prayed that the defendant (the commissioner) be enjoined from requiring the plaintiff "to furnish any passenger service over any part of its lines of railroad for any period of time as provided...

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