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STATE v. PORTLAND TRACTION CO.

236 Or. 38 (1963)

386 P.2d 435

STATE OF OREGON v. PORTLAND TRACTION COMPANY

Supreme Court of Oregon.

Affirmed October 23, 1963.

Petition for rehearing denied November 19, 1963.

Attorney(s) appearing for the Case

John F. Weisser, 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, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff, State of Oregon, from a judgment of the circuit court which granted the defendant's motion for judgment on the pleadings and denied a similar motion made by the state. The action which terminated in that manner was instituted by the state under ORS 760.025 (3) and 760.035 to recover statutory penalties. ORS 760.035 provides:

"(1) Any railroad which violates any provision of the statutes listed...

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