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Snow Mountain Pine Company v. CP National Corp.

Oregon Court of Appeals
Aug 25, 1992
829 P.2d 745 (Or. Ct. App. 1992)

Opinion

86-04-9036-L; CA A63075

Argued and submitted February 7, 1992

Affirmed April 22, 1992 Reconsideration denied June 24, 1992 Petition for review denied August 25, 1992 ( 314 Or. 176)

Appeal from Circuit Court, Harney County.

F.J. Yraguen, Judge.

Paul E. Levy, Boise, Idaho, argued the cause for appellant. With him on the briefs were Levy Law Offices, Boise, Idaho, and David F. Bartz, Jr., and Schwabe Williamson Wyatt, Portland.

John Gould, Portland, argued the cause for respondent. With him on the brief were George L. Wagner and Lane Powell Spears Lubersky, Portland.

Before Richardson, Presiding Judge, and Deits and Durham, Judges.


PER CURIAM

Affirmed.


Plaintiff, a qualifying cogeneration facility, appeals from a judgment for defendant, an electric power utility. Plaintiff asserted several claims and theories, but their common theme is that defendant unlawfully refused to purchase power from plaintiff, see Snow Mt. Pine Company v. Maudlin, 84 Or. App. 590, 734 P.2d 1366, rev den 303 Or. 591 (1987), and thereby caused extensive damages to plaintiff. We agree with the trial court that, as a matter of law, any damages that plaintiff sustained as the result of its dealings with defendant were caused by its own refusal to sell the power at the rate set by the Public Utility Commission and affirmed by us. Snow Mountain Pine Co. v. PUC, 102 Or. App. 687, 795 P.2d 611, rev den 310 Or. 612 (1990), cert den ___ US ___ (1991); see also Snow Mt. Pine Company v. Maudlin, supra. Defendant had no duty to purchase power at the higher price that plaintiff had sought from the Commission and in the courts or to purchase power that plaintiff would not agree to sell at the lawful rate.

Affirmed.


Summaries of

Snow Mountain Pine Company v. CP National Corp.

Oregon Court of Appeals
Aug 25, 1992
829 P.2d 745 (Or. Ct. App. 1992)
Case details for

Snow Mountain Pine Company v. CP National Corp.

Case Details

Full title:SNOW MOUNTAIN PINE COMPANY, Appellant, v. CP NATIONAL CORPORATION…

Court:Oregon Court of Appeals

Date published: Aug 25, 1992

Citations

829 P.2d 745 (Or. Ct. App. 1992)
829 P.2d 745