Ray Arthur Baker, Individually and a & R Lumber Sales, Inc., an Oregon Corporation v. Southern Pacific Transportation, a Delaware Corporation, a & R Lumber Sales, Inc., an Oregon Corporation v. Southern Pacific Transportation, a Delaware Corporation

542 F.2d 1123 Ray Arthur BAKER, Individually and A & R Lumber Sales, Inc., an Oregon Corporation, Plaintiffs-Appellants, v. SOUTHERN PACIFIC TRANSPORTATION, a Delaware Corporation, Defendant-Appellee. A & R LUMBER SALES, INC., an Oregon Corporation, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION, a Delaware Corporation, Defendant-Appellee. Nos. 75-1783, 75-1784. United States Court of Appeals, Ninth Circuit. Oct. 1, 1976. 1 Edward H. Warren (argued), of Hershiser, Mitchell & Warren, Portland, Or., for plaintiffs-appellants. 2 James H. Clarke (argued), of Dezendorf, Spears, Lubersky & Campbell, Portland, Or., for defendant-appellee. 3 Before TRASK and GOODWIN, Circuit Judges, and JAMESON, * District judge. JAMESON, District Judge: 4 This is a consolidated appeal in two cases involving a claim of A & R Lumber Sales, Inc. for damages to its truck in a collision with Southern Pacific Transportation Company's train. We conclude that in No. 75-1783 there was no judgment from which an appeal could properly be taken and dismiss the appeal without prejudice. In No. 75-1784 A & R failed to assert a compulsory counterclaim in a prior action, and we affirm the…