Southern Pacific Transportation Company v. City Of Eugene

627 F.2d 966 SOUTHERN PACIFIC TRANSPORTATION COMPANY, Plaintiff-Appellee, v. CITY OF EUGENE, an incorporated municipality in the State of Oregon, Defendant-Appellant, and Lane County, a political subdivision of the State of Oregon, Defendant. No. 78-1877. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1980. Decided Sept. 11, 1980. Leslie M. Swanson, Eugene, Or., argued, John B. Arnold, Johnson, Harrang & Mercer, Eugene, Or., on brief, for defendant-appellant. James Clarke, argued, John Wiley Gould, Dezendorf, Spears, Lubersky & Campbell, Portland, Or., on brief, for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before KILKENNY and PREGERSON, Circuit Judges, and TAKASUGI, * District Judge. PREGERSON, Circuit Judge: 1 In this diversity action, Southern Pacific Transportation Company (Southern Pacific) seeks reimbursement of $15,875.95 from the City of Eugene and Lane County for a street assessment Southern Pacific paid to Eugene. The district court entered judgment for $15,875.95 in favor of Southern Pacific and against Eugene, and this appeal followed. We affirm. 2 In 1945, Southern Pacific granted…