2A
THE DAILY ASTORIAN • FRIDAY, JUNE 23, 2017
Judge rules against
Westerlund’s attempt to
dismiss claims in log fi ght
Complex legal
case at the Port
million, and that $1.5 million
of the payment was to release
Westerlund and Astoria For-
est Products from claims by
China National. The com-
pany is seeking $1.5 mil-
lion in mitigation damages
from Westerlund, and claims
that David Westerlund is
also personally liable for the
damages as a guarantor of
the log-handling contract.
Westerlund has claimed
the $1.5 million is not recov-
erable under general contract
rules, and that legal guide-
lines preclude Murphy from
claiming the equipment is
worth less than $2.5 million.
“The c ourt fi nds that there
is a genuine dispute of mate-
rial fact as to whether the
$1.55 million payment to
China National was an over-
payment for (Westerlund’s)
equipment, as the West-
erlund p arties insist, or in
exchange for China Nation-
al’s release of claims, as
the Murphy p arties assert,”
Judge Michael Simon wrote
in his denial of Westerlund’s
attempt.
By EDWARD
STRATTON
The Daily Astorian
A federal judge has denied
David Westerlund’s attempt
to dismiss claims brought by
Astoria Forest Products in
a complicated legal dispute
over log operations at the Port
of Astoria.
Westerlund, owner of
Westerlund Log Handlers,
helped bring log exports back
to the Port of Astoria in 2010
after a long hiatus. But sev-
eral years into the new ven-
ture, Westerlund had ended
a log-handling contract and
became embroiled in a lawsuit
with the large, state-owned
construction fi rm China
National Building Materi-
als Corp. China National
bought many of Westerlund’s
logs and loaned the company
money for its equipment.
Dennis Murphy, of Mur-
phy Overseas USA and Asto-
Edward Stratton/The Daily Astorian
A federal court is reviewing
a legal fight between West-
erlund Log Handlers and
Astoria Forest Products.
ria Forest Products, stepped
in, allegedly paying $2.5
million three years ago to
settle the case and release
liens on Westerlund Log
Handlers’ equipment.
The two parties then
signed their own contract,
with Westerlund transport-
ing, storing, processing and
preparing logs procured by
Murphy for export. But the
partnership quickly soured
and resulted in dual lawsuits
by each side that have since
been consolidated.
T he Murphy parties claim
the equipment the company
paid for was only worth $1
FIVE-DAY FORECAST FOR ASTORIA
TONIGHT
SATURDAY
SUNDAY
85
57
56
A star-studded sky
Times of clouds and sun
Sun and areas of low
clouds
First
Salem
58/100
Newport
55/78
June 30
Coos Bay
58/81
Last
July 8
Source: Jim Todd, OMSI
TOMORROW'S TIDES
Astoria / Port Docks
Time
8:36 a.m.
8:28 p.m.
Low
-1.9 ft.
2.1 ft.
Ontario
54/92
Burns
42/89
Klamath Falls
52/96
Lakeview
50/93
Ashland
65/104
REGIONAL CITIES
City
Baker City
Bend
Brookings
Eugene
Ilwaco
Klamath Falls
Medford
Newberg
Newport
North Bend
Today
Hi Lo
80 41
84 49
74 54
91 54
70 59
92 52
103 64
92 62
72 55
75 58
W
s
s
s
s
s
s
s
s
s
s
Sat.
Hi Lo W
85 43
s
89 53
s
66 55
s
99 57
s
76 62
s
96 56
s
108 70
s
98 64
s
78 54
s
76 57
s
City
Olympia
Pendleton
Portland
Roseburg
Salem
Seaside
Spokane
Springfi eld
Vancouver
Yakima
Hi
83
85
91
97
92
74
82
93
90
89
Today
Lo
52
53
62
61
58
57
56
53
60
54
W
s
s
s
s
s
s
s
s
s
s
Sat.
Hi Lo W
91 55
s
91 58
s
98 66
s
106 64
s
100 61
s
85 61
s
87 60
s
100 57
s
96 65
s
94 57
s
TOMORROW'S NATIONAL WEATHER
NATIONAL CITIES
Today
Lo
73
69
60
51
55
61
77
54
74
60
56
87
64
70
80
69
77
72
61
73
63
60
58
59
76
Baker
41/85
Forecasts and graphics provided by AccuWeather, Inc. ©2017
Tonight's Sky: The new moon will be at 7:31 p.m.
Enjoy the moonless night sky.
Hi
88
84
82
68
79
79
109
72
86
78
79
114
81
81
90
82
87
84
88
87
85
88
75
81
88
La Grande
46/86
Roseburg
61/106
Brookings
56/68
July 16
John Day
51/89
Bend
49/89
Medford
64/108
UNDER THE SKY
High
10.0 ft.
8.0 ft.
Prineville
47/93
Lebanon
55/102
Eugene
54/99
Full
Pendleton
53/91
The Dalles
58/97
Portland
62/98
Sunset tonight ........................... 9:11 p.m.
Sunrise Saturday ........................ 5:25 a.m.
Moonrise today ........................... 5:20 a.m.
Moonset today ........................... 8:46 p.m.
City
Atlanta
Boston
Chicago
Denver
Des Moines
Detroit
El Paso
Fairbanks
Honolulu
Indianapolis
Kansas City
Las Vegas
Los Angeles
Memphis
Miami
Nashville
New Orleans
New York
Oklahoma City
Philadelphia
St. Louis
Salt Lake City
San Francisco
Seattle
Washington, DC
63
53
Tillamook
61/89
SUN AND MOON
Time
1:27 a.m.
2:58 p.m.
65
54
Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs.
ASTORIA
56/85
Precipitation
Thursday .......................................... 0.00"
Month to date ................................... 2.44"
Normal month to date ....................... 2.06"
Year to date .................................... 49.57"
Normal year to date ........................ 35.42"
June 23
Sunshine and cooler
TUESDAY
REGIONAL WEATHER
Astoria through Thursday.
Temperatures
High/low ....................................... 71°/45°
Normal high/low ........................... 65°/51°
Record high ............................ 79° in 1926
Record low ............................. 41° in 1965
New
72
56
Plenty of sunshine
ALMANAC
MONDAY
W
c
t
t
pc
pc
t
s
pc
sh
t
t
s
pc
r
pc
t
t
t
t
t
t
s
pc
s
t
Hi
82
83
75
75
78
77
95
73
84
75
80
113
80
82
91
84
88
86
82
88
81
91
71
89
89
Sat.
Lo
69
67
53
52
52
55
74
51
74
54
56
88
65
64
80
59
75
70
62
68
60
61
56
62
70
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
W
t
pc
pc
c
pc
pc
pc
sh
sh
s
c
s
pc
pc
pc
pc
t
r
pc
r
s
s
pc
s
r
Matt Winters/EO Media Group
The Chinook canoe Skakwal brought the First Salmon ashore at Chinook Point. In the
canoe from left to right, Chinook youth Sam Johnson, tribal member Ray Hawks (son of
recently deceased tribal leader Phillip Hawks), Councilwoman Jane Pulliam, Councilman
(and former Chairman) Gary C. Johnson. The site — now part of Fort Columbia State
Park — was the location of one of the most important Chinook villages.
Chinook welcome ‘First Salmon’
EO Media Group
FORT COLUMBIA, Wash.
— Members of the Chinook
Indian Nation carried out one
of the most important ceremo-
nies on their calendar of sacred
events June 16 at Chinook
Point in Fort Columbia State
Park by welcoming a symbolic
“First Salmon.”
Meant to thank salmon for
the role the fi sh play in ensur-
ing survival of the Columbia
estuary tribe, the ceremony
consists of a Chinook salmon
being delivered to shore in a
cedar canoe to the sounds of
drumming and chants. This
year there were gray skies left
over from an unusually strong
June storm the day before, but
the river was calm and the
canoe arrived at about 10:30
a.m. to be greeted by a crowd
of about 75.
Carried to a knoll above
the beach, the salmon was pre-
pared according to ancient tra-
ditions, which were explained
by Tribal Chairman Tony
Johnson of South Bend.
Johnson also spoke of the
tribe’s continuing efforts to
regain formal tribal status
with the U.S. Bureau of Indian
Affairs, a designation granted
in the closing days of Presi-
dent Bill Clinton’s administra-
tion and then rescinded under
President George W. Bush .
The tribe has retained the ser-
vices of a law fi rm that John-
son said is charging nothing
for services which might ordi-
narily cost $1 million.
Matt Winters/EO Media Group
Newly elected Councilwoman Rachel Cushman White
Eyes, elder Scott Seiler and Councilman Sam Robinson
welcome the First Salmon ashore with other members and
guests of the community. The event is of signature impor-
tance to the Pacific-Clatsop-Wahkiakum county tribe and
others throughout the Pacific Northwest. Paying tribute to
the salmon is considered part of a sacred contract with
the fish, on which Indians depended for survival.
Matt Winters/EO Media Group
Chinook Indian Nation Chairman Tony Johnson and other
tribal members drummed and chanted in preparation for
the arrival of a ceremonial salmon, standing in for all the
salmon runs that fed the tribe for thousands of years.
ON THE RECORD
DUII
• At 8:13 p.m. Wednesday,
Thomas Robinson, 71, of Sea-
side, was arrested by the Sea-
side Police Department on
the 20 block of North Wah-
anna Road and charged with
driving under the infl uence of
intoxicants .
• At 1:29 a.m. Thursday,
Jose Manuel Barnabe Her-
nandez, 19, of Forest Grove,
was arrested by the Clatsop
County Sheriff’s Offi ce on
U.S. Highway 26 in Seaside
and charged with DUII, three
counts of recklessly endanger-
ing another person, reckless
DEATH
LOTTERIES
June 22, 2017
HOLDEN, Lottie Gayle, 55, of Cannon Beach,
died in Cannon Beach. Ocean View Funeral &
Cremation Service of Astoria is in charge of the
arrangements.
PUBLIC MEETINGS
Weather (W): s-sunny, pc-partly cloudy, c-cloudy,
sh-showers, t-thunderstorms, r-rain, sf-snow fl urries,
sn-snow, i-ice.
MONDAY
Cannon Beach City Council, 8:30 a.m., work ses-
sion, City Hall, 163 E. Gower St.
C h a r t Yo u r C o u r s e
Register Now!
For Summer Term
Classes begin June 26th
Contact Student Services at
driving and criminal mischief.
• At 11 p.m. Thursday,
Sean Michael Dunagan, 31,
of Astoria, was arrested by
the Clatsop County Sheriff’s
Offi ce on the 1600 block of
Southeast Ensign Lane and
charged with DUII and unlaw-
ful possession of heroin.
OREGON
Thursday’s Pick 4:
1 p.m.: 4-5-7-7
4 p.m.: 1-6-2-4
7 p.m.: 5-3-8-5
10 p.m.: 3-2-8-4
WASHINGTON
Thursday’s Daily Game: 0-7-9
Thursday’s Keno: 07-08-09-11-21-24-27-32-
35-40-50-51-54-55-58-71-73-75-78-79
Thursday’s Match 4: 02-09-17-18
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