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COAST LAUNDRY, INC. v. LINCOLN CITY

497 P.2d 1224 (1972)

COAST LAUNDRY, INC., an Oregon Corporation, Appellant, v. LINCOLN CITY, an Oregon Municipal Corporation, Respondent.

Court of Appeals of Oregon, Department 2.

Decided June 15, 1972.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the briefs were Bruce W. Williams, William B. Wyllie, and Williams, Skopil, Miller, Beck & Wyllie, Salem.

Edward H. Warren, Portland, argued the cause for respondent. On the brief were Hershiser, Mitchell & Warren, Portland.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

Plaintiff brought action to recover damages to its laundry business allegedly sustained because the water supplied plaintiff by defendant city contained particles of tar.

The action was brought in successive counts upon alternative theories of negligence, breach of contract, strict liability, breach of express warranty and breach of implied warranty of fitness for a particular purpose. The trial judge withdrew from the jury all issues except...

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