MILLARD v. MITCHELL BROS. TRUCK LINES


492 P.2d 783 (1972)

James Arthur MILLARD, Jr., Appellant, v. MITCHELL BROS. TRUCK LINES, an Oregon Corporation, and Rudolph Walter Thies, Respondents.

Supreme Court of Oregon, In Banc.

Decided January 19, 1972.


Attorney(s) appearing for the Case

Tooze, Powers, Kerr, Tooze & Peterson, Portland, for the motion.

Vernon Cook, Gresham, contra.


Submitted October 18, 1971, On Respondents' Motion to Dismiss Appeal.

DENECKE, Justice.

The respondents filed a motion to dismiss appellant's appeal because appellant failed to include in his notice of appeal a designation of the portions of the proceeding to be included in the record and a statement of points on which the appellant intends to rely.

Prior to September 1971, ORS 19.074 provided:

"(2) At the time of filing the notice of appeal...

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