# Scovell v. TRK Trans, Inc.

> Oregon Supreme Court · August 27, 1985 · 299 Or. 679

URL: https://www.frixlaw.com/law-library/cases/9528653

## Case

- **Full name:** SCOVELL, Plaintiff, v. TRK TRANS, INC. Et Al, Defendants, and TRK TRANS, INC., Respondent on Review, v. OREGON TRANSPORTATION COMMISSION, HIGHWAY DIVISION, Petitioner on Review
- **Court:** Oregon Supreme Court
- **Decided:** August 27, 1985
- **Citations:** 299 Or. 679; 705 P.2d 1144
- **Precedential status:** Published
- **Opinion:** Concurrence by Peterson
- **Judges:** Linde, Peterson, Lent, Roberts, Jones
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9528653

## Opinion text

PETERSON, C. J.,
concurring.
I concur in the result, because I agree with Justice Lent that the failure to plead extinguishment as required by ORS 18.440(3) supports the trial court dismissal. See, however, my dissenting opinion in Beaver v. Pelett, 299 Or 664 , 705 P2d 1149 (1985).
Roberts and Jones, JJ., join in this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9528653. Public record. Not legal advice.