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CLARKE'S TRUCKING v. LAND MANAGEMENT SERVICES

562 P.2d 976 (1977)

278 Or. 153

CLARKE'S TRUCKING Co., Respondent, v. LAND MANAGEMENT SERVICES, Inc., Appellant.

Supreme Court of Oregon, Department 1.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Jill E. Golden, of Sanders, Lively & Wiswall, Springfield, argued the cause and filed briefs for appellant.

Alan L. Schneider, of Barber & Schneider, Eugene, argued the cause for respondent. With him on the brief was Raymond J. Bradley, of Bradley & Haws, Eugene.

Before DENECKE, C.J., and HOLMAN, LENT and MENGLER, JJ.

PER CURIAM.

The trial court found for the plaintiff in this action for trucking charges for hauling wood chips for defendant.

The controversy was over the rate to which the parties agreed. Plaintiff contended the parties agreed on a rate published in a tariff. On defendant's objection, the trial court excluded an offered copy of the tariff. The plaintiff's representative then was permitted to testify that the tariff provided for a rate of 56 cents per hundredweight...

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