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URBAN RENEWAL AGENCY, ETC. v. WIEDER'S INC.

No. 107426; CA 17351.

632 P.2d 1334 (1981)

53 Or.App. 751

URBAN RENEWAL AGENCY OF the CITY OF SALEM, Oregon, a Public Body Corporate and Politic, by and through the City of Salem, Oregon, Respondent, v. WIEDER'S INC., Margaret Wieder, United States National Bank of Oregon, a National Banking Association, Respondents, Action Uniform, Inc., Appellant.

Court of Appeals of Oregon.

Decided September 8, 1981.

Attorney(s) appearing for the Case

Donald Joe Willis, Portland, argued the cause for appellant. With him on the briefs were Elizabeth K. Reeve and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

David J. De Martino, Asst. City Atty., Salem, argued the cause for respondent Urban Renewal Agency of the City of Salem. With him on the brief was William J. Juza, City Attorney, Salem.

David A. Rhoten, Salem, argued the cause for respondents Wieder's Inc., and Margaret Wieder. With him on the brief were George A. Rhoten and Rhoten, Rhoten and Speerstra, Salem.

No appearance for respondent United States National Bank of Oregon.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

This is an appeal by defendant Action Uniform (the lessee) from a judgment in an eminent domain proceeding, assigning as error the trial court's granting of defendant Wieder's (the lessor) motion in limine to exclude proof by the lessee of the value of its leasehold. The motion was based on a clause in the written lease agreement, which the trial court interpreted as foreclosing the right of the lessee to share in the lump sum awarded the lessor...

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