SOUTHERN PACIFIC TRANSP. v. SCHOOL DISTRICT NO. 40

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Docket Number

No. A7811-18284, CA 15128

Attorney(S)

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Laurence F. Janssen, and Spears, Lubersky, Campbell Bledsoe, Portland. Robert M. Johnstone, McMinnville, argued the cause for respondent School District No. 40, McMinnville. With him on the brief was Cushing, Johnstone Peterson, P.C., McMinnville. Ridgeway K. Foley, Portland, argued the cause for respondent Market Insurance Company. With him on the brief were Kenneth E. Roberts, and Schwabe, Williamson, Wyatt, Moore Roberts, Portland. William H. Morrison, Portland, argued the cause for respondent Oregon Automobile Insurance Company. With him on the brief were G. Kenneth Shiroishi, and Morrison, Dunn, Cohen, Miller Carney, Portland.

Judges

ROBERTS, J. dissenting in part.

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SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellant, v. SCHOOL DISTRICT NO. 40, McMINNVILLE et al, Respondents.

The appeal filed by appellant on August 10, 1979, was dismissed against respondent The Stonewall Insurance Company on June 9, 1980.

PER CURIAM.

Affirmed. Espinosa v. Southern Pacific Trans., 50 Or. App. 561, 624 P.2d 162 (1981).

Roberts, J., dissenting in part.

Campbell, J. Pro Tempore, vice Young, J. Young, J., not participating.

ROBERTS, J. dissenting in part.

For the reasons stated in my dissenting opinion in Espinosa v. Southern Pacific Trans., 50 Or. App. 561, 624 P.2d 162 (1981), I also dissent from the holding in the present case that the school district's liability is limited by ORS 30.270 when the district has available insurance which exceeds the liability limits of that statute.

Campbell, J., Pro Tempore, joins in this dissenting opinion.

SOUTHERN PACIFIC TRANSPORTATION COMPANY, Appellant, v. SCHOOL DISTRICT NO. 40, McMINNVILLE et al, Respondents.

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