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NEWMAN v. TUALATIN DEV. CO., INC.

No. 37-142; SC 25528.

597 P.2d 800 (1979)

287 Or. 47

Arthur NEWMAN, Edwin Mittelstadt, Henry Marchion, Francis Wallace and Richard Dent, Respondents/Cross-Appellants, v. TUALATIN DEVELOPMENT CO., Inc., Appellant/Cross-Respondent.

Supreme Court of Oregon, Department 2.

Decided July 12, 1979.

Attorney(s) appearing for the Case

Edward J. Murphy, Jr. of Wheelock, Niehaus, Hanna & Murphy, Portland, argued the cause for appellant/cross-respondent. On the briefs was Dennis H. Quade, Portland.

Robert W. O'Connor, Tigard, argued the cause and filed the briefs for respondents/cross-appellants.

Willard E. Fox, of Allen, Stortz, Barlow, Fox & Susee, Salem, filed the brief amicus curiae on behalf of Oregon State Home Builders Ass'n.

Before DENECKE, C.J., and TONGUE, BRYSON, and LINDE, JJ.

DENECKE, Chief Justice.

The defendant appeals from an order certifying this proceeding as a class action. Plaintiffs are purchasers of townhouses built and sold by the defendant. The plaintiffs alleged that galvanized water pipes installed by defendant in connection with the construction of the townhouses were deteriorating. They sought damages on the basis of expressed and implied warranties and negligence. We affirm the certification of the proceeding as a class...

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