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GRAHAM v. KOLD KIST BEVERAGE ICE, INC.

No. A7810-16674; CA 14497.

607 P.2d 759 (1979)

43 Or.App. 1037

Odell GRAHAM and Rita Graham Dba Odell Anderson Grocery, Appellants, v. KOLD KIST BEVERAGE ICE, INC., an Oregon Corporation, and Lee Porcelli, Respondents.

Court of Appeals of Oregon.

Decided December 31, 1979.

Attorney(s) appearing for the Case

Thane W. Tienson, Portland, argued the cause for appellants. On the briefs were Gary V. Abbott and Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

David W. Dardano, Portland, argued the cause for respondents. With him on the brief was Dardano & Mowry, Portland.

Before BUTTLER, P.J., GILLETTE and ROBERTS, JJ., and TONGUE, J. Pro Tem.

TONGUE, Judge, Pro Tem.

This is an action for damages under both the Unlawful Trade Practices Act, ORS 646.605 et seq., and the Public Accommodations Act, ORS 30.670 et seq. Plaintiffs appeal from an order allowing defendants' motion for summary judgment.

Plaintiffs contend that the trial court erred: (1) In holding that the Unlawful Trade Practices Act does not cover the sale of an ice machine to a partnership engaged in the operation of a grocery store;...

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