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UNION PACIFIC R.R. CO. v. MASON

232 Or. 486 (1962)

376 P.2d 61

UNION PACIFIC RAILROAD COMPANY v. MASON

Supreme Court of Oregon.

Affirmed November 14, 1962.

Attorney(s) appearing for the Case

Randall B. Kester, Portland, argued the cause for appellant. With him on the briefs were Walter J. Cosgrave and Maguire, Shields, Morrison, Bailey & Kester, Portland.

James J. Kennedy, Portland, argued the cause for respondent. With him on the brief were Thomas H. Ryan and Ryan & Ryan, Portland.

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

AFFIRMED.

GOODWIN, J.

This is a suit for declaratory relief under ORS 28.010 to 28.160. The plaintiff railroad appeals from a decree in the circuit court which dismissed a proceeding to litigate the validity of a release given the railroad by an injured workman.

On or about April 13, 1961, Mason, the defendant here, filed in the Circuit Court for Multnomah County a complaint in an action at law for damages for injuries which he alleged were suffered...

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