MARSHALL v. HARRIS


556 P.2d 1358 (1976)

276 Or. 823

Ansel MARSHALL and Martina Marshall, Respondents, v. J. Robert HARRIS, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 26, 1976.


Attorney(s) appearing for the Case

C. Martee Kennedy, Bend, and Panner, Johnson, Marceau, Karnopp & Kennedy, Bend, for petition.

No appearance contra.


Submitted on Plaintiffs' Petition for Rehearing November 10, 1976.

TONGUE, Justice.

Plaintiffs have petitioned for rehearing on the ground, among others, that there was evidence from which the trial court, as trier of the facts, could have found that the transaction in this case was exempt either as an "isolated transaction" under ORS 59.035(2) or as a "pre-business activity" under ORS 59.035(11); that the court, by its opinion, "did not decide the issue of...

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