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FINCHUM v. LYONS

465 P.2d 708 (1970)

J.D. FINCHUM, Respondent, v. Don LYONS, Defendant, Paul Fiorovich, Jr., Appellant.

Supreme Court of Oregon, In Banc.

Decided February 27, 1970.

Attorney(s) appearing for the Case

Robert D. Puckett, Klamath Falls, argued the cause for appellant. On the brief were Proctor & Puckett and David R. Vandenberg, Jr., Klamath Falls.

J. Anthony Giacomini, Klamath Falls, argued the cause for respondent. With him on the brief was Stanley C. Jones, Klamath Falls.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

McALLISTER, Justice.

This is the second time this action by plaintiff Finchum to recover for seed potatoes grown for the defendant Fiorovich has been here on appeal. On the first appeal we reversed a judgment for plaintiff and remanded the case for a new trial, Finchum v. Lyons, 247 Or. 255, 428 P.2d 890 (1967). The second trial also resulted in a judgment for plaintiff and defendant Fiorovich again...

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