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PEAVEY COMPANY v. UNION PACIFIC RAILROAD COMPANY

Civ. No. 67-482.

296 F.Supp. 1399 (1968)

PEAVEY COMPANY, a corporation, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, and Oregon-Washington Railroad & Navigation Company, a corporation, Defendants.

United States District Court D. Oregon.

July 11, 1968.

Attorney(s) appearing for the Case

Charles J. Strader, Black, Helterline, Beck & Rappleyea, Portland, Or., for plaintiff.

Walter J. Cosgrave, Maguire, Kester & Cosgrave, Portland, Or., for defendants.

OPINION ON SEGREGATED ISSUE

KILKENNY, District Judge:

This case is before the Court on a segregated issue as to the meaning of an agreement between the parties. Involved are the rights and liabilities of the respective parties arising out of a collision between defendants' railroad cars and the plaintiff's car tipper installation. Plaintiff instituted this action for damages to its installation claiming negligence on the part of defendants. Defendants claim...

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