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MANSFIELD v. McREARY

501 P.2d 69 (1972)

Margaret MANSFIELD, Respondent and Cross-Appellant, v. Ronald McReary, Jane McReary, Appellants, A.W. Denton, Melvin Staben, John R. Nicholas, A.G. Mansfield, and Intra-Jet Engineering Co., an Oregon corporation, Defendants.

Supreme Court of Oregon, In Banc.

Decided September 21, 1972.

Attorney(s) appearing for the Case

Justin N. Reinhardt, and Morton A. Winkel, Portland, for the petition.

Upon Respondent's Petition For Rehearing filed June 12, 1972.

HOLMAN, Justice.

Plaintiff filed a petition for rehearing, contending the court was mistaken in concluding that plaintiff's complaint is one at law and not in equity. It is regrettable that we still have a practice in which this can make a difference. The writer of the original opinion, Or., 497 P.2d 654, carelessly relied upon an abbreviated abstract of plaintiff...

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