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HURT v. MIDREX DIVISION OF MIDLAND ROSS CORP.

556 P.2d 1337 (1976)

276 Or. 925

Joseph HURT et al., Appellants, v. MIDREX DIVISION OF MIDLAND ROSS CORPORATION ET AL., Respondents.

Supreme Court of Oregon, In Banc.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Don S. Willner of Willner, Bennett, Riggs & Skarstad, Portland, argued the cause and filed briefs for appellants.

Michael A. Lehner, Portland, argued the cause for respondents. With him on the brief were William H. Mitchell and Hershiser, Mitchell & Warren, Portland.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, HOLMAN, HOWELL, BRYSON and BOHANNON, JJ.

HOLMAN, Justice.

This is an action at law for damages alleged to have been caused by an intentional trespass to plaintiffs' automobiles. It was filed as a class action. The circuit court certified it as such but then, as a result of its interpretation of our decision in Bernard v. First Nat'l. Bank, 275 Or. 145, 550 P.2d 1203 (1976), reconsidered the matter and held that it could not so proceed. Plaintiffs applied for permission...

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