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HOUSEN v. MORSE BROS., INC.

574 P.2d 361 (1978)

32 Or.App. 491

Veeta J. HOUSEN, Personal Representative of the Estate of Adrian Jacob Housen, Deceased, Appellant, v. MORSE BROS., INC., and Oregon State Highway Commission, Respondents.

Court of Appeals of Oregon.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Thomas A. Caruso, Portland, argued the cause for appellant. With him on the brief was Bailey, Doblie, Bruun & Green, Portland.

Asa L. Lewelling, Salem, argued the cause and filed the brief for respondent Morse Bros., Inc.

Edward H. Warren, Portland, argued the cause for respondent Oregon State Highway Commission. With him on the brief were Bruce L. Mowery, and Hershiser, Mitchell & Warren, Portland.

Before SCHWAB, C.J., and TANZER and BUTTLER, JJ.

PER CURIAM.

This is an appeal from a summary judgment in favor of defendants. The sole issue in this case is: In an action against a public body for wrongful death brought under the Tort Claims Act, ORS 30.260 to 30.300, must the action be commenced within two years after the date of the accident or occurrence resulting in the death, pursuant to ORS 30.275(3),1 or may it be commenced within three...

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