BELLA v. AURORA AIR, INC.


566 P.2d 489 (1977)

279 Or. 13

Allen BELLA and Fae Bella, Husband and Wife, Appellants, v. AURORA AIR, INC., Dba Madras Air Service, Leo John Demers and Kenneth Binder, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 6, 1977.


Attorney(s) appearing for the Case

Douglas A. Shepard, Madras, argued the cause and filed briefs for appellants.

James C. Waggoner, of Martin, Bischoff, Templeton & Biggs, Portland, argued the cause and filed a brief for respondents Aurora Air, Inc., dba Madras Air Service and Leo John Demers.

Rudy R. Lachenmeier, of Vergeer, Samuels, Roehr & Sweek, Portland, argued the cause and filed a brief for respondent Kenneth Binder.

Before DENECKE, C.J., and HOWELL, BRYSON, LENT, LINDE and CAMPBELL, JJ.


Argued and Submitted at Pendleton May 2, 1977.

LINDE, Justice.

Plaintiffs, Mr. and Mrs. Allen Bella, appeal from a judgment n.o.v. that set aside a jury verdict for damage done to their mint crop by a herbicide which defendant Aurora was engaged to spray by airplane on the wheat field of their neighbor, Kenneth Binder. Most of the issues on appeal require this court to sort out the effects of procedural delays by the parties beyond the deadlines imposed by...

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