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J. GREGCIN, INC. v. CITY OF DAYTON

TC 33303; CA 10910; SC 26250.

601 P.2d 1254 (1979)

287 Or. 709

J. GREGCIN, INC., an Oregon Corporation, Respondent, v. CITY OF DAYTON, an Oregon Municipal Corporation, Paul Jellum, Its Mayor, Richard Freeborn, Forrest Lien, Arthur Johnson, Paul Jensen, Norman McGrew and Rex McElwain, the City Council Members, Petitioners.

Supreme Court of Oregon, In Banc.

Decided October 30, 1979.

Attorney(s) appearing for the Case

Gary A. Rueter, McMinnville, argued the cause for petitioners. With him on the brief were Francis E. Marsh and Marsh, Marsh, Haugeberg, Rueter & Phillips, P.C., McMinnville.

C. David Hall, Portland, argued the cause for respondent. With him on the brief were Brian M. Sullivan and Rask & Hefferin, Portland.

LENT, Justice.

This is an action for damages asserted under ORS 30.260 to 30.300 (Tort Actions Against Public Bodies). After a jury had been empanelled the trial judge sustained a demurrer to plaintiff's amended complaint. The Court of Appeals reversed, J. Gregcin, Inc. v. City of Dayton, 39 Or.App. 743, 593 P.2d 1231 (1979), and we granted review, ORS 2.520, 286 Or. 745 (1979). We have...

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