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HAMILTON v. STATE

No. CC-78-422; CA 13261.

601 P.2d 882 (1979)

42 Or.App. 821

Wallace Lyle HAMILTON, Appellant, v. STATE of Oregon and City of Astoria, a Municipal Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

William F. White, Portland, argued the cause for appellant.

Mary J. Deits, Salem, argued the cause for respondent State of Oregon. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Eugene H. Buckle, Portland, argued the cause for respondent City of Astoria, a municipal corporation. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

Plaintiff, the owner of improved real property in the City of Astoria which was damaged by a landslide, appeals from a summary judgment entered for defendants. He contends that the trial court erred in granting defendants' motions for summary judgment, in refusing to allow him to file a second amended complaint, and in rejecting his attorney's affidavit and photographs in opposition to the motion for summary judgment.1

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