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SOUTHERN PACIFIC TRANSP. v. SCHOOL DISTRICT NO. 40

Oregon Court of Appeals.
May 5, 1981
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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.