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CLAXTON v. BOOTHE

8808-04145; CA A60317.

790 P.2d 1201 (1990)

101 Or.App. 416

Tom CLAXTON, Respondent — Cross-Appellant, and Reggie Claxton, Respondent, v. Ferris F. BOOTHE, Individually and As Trustee for the Creditors of Howard Watrous, Appellant — Cross-Respondent, and Gloria Brewer and the Arabian Horse Registry of America, Inc., a Corporation, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 25, 1990.

Reconsideration Denied June 20, 1990.

Review Denied July 10, 1990.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, filed the brief pro se for appellant-cross-respondent, trustee. With him on the briefs was Thomas S. Boothe, Portland, for appellant-cross-respondent, individually.

J. Jay Carroll, Yakima, Wash., argued the cause for respondents and cross-appellant, Tom Claxton. With him on the brief were Blaine L. Tamaki and Velikanje, Moore & Shore, Inc., P.S., Yakima, Wash., and Scott A. Jonsson and Schwabe, Williamson & Wyatt, Portland.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendant Boothe appeals from a judgment awarded to Tom Claxton (plaintiff), after the trial court granted a summary judgment for plaintiff on the issue of liability. He argues that the trial court erred, because there are issues of fact regarding liability.1 We review the evidence in the light most favorable to defendant and reverse.2

Defendant...

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