The following excerpt is from Summers v. Interstate Tractor and Equipment Co., 466 F.2d 42 (9th Cir. 1972):
The majority points to the fact that the Oregon law limiting damages had been repealed at the date of the accident. Its remaining in effect, it is pointed out, was a technicality. Clearly the law in effect at the date of the accident is the law to be considered. In Oregon on that date there was a limitation of liability. It was not a technicality. It was the law of Oregon. I am of the opinion that Oregon in making its determination of the choice of law on limitation of liability would have followed its own decision in DeFoor v. Lematta, 249 Or. 116, 437 P.2d 107 (1968), and would so hold.
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