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AMFAC FOODS, INC. v. FRED A. SNYDER ROOFING

No. A7610-14428; CA 12283, No. A7610-14418; CA 12282.

602 P.2d 321 (1979)

43 Or.App. 107

AMFAC FOODS, INC., a Delaware Corporation, Doing Business As Lamb-Weston, Appellant, v. FRED A. SNYDER ROOFING and Sheet Metal Corporation, an Oregon Corporation, Respondent. Fred A. Snyder Roofing and Sheet Metal Corporation, an Oregon Corporation, Third Party Plaintiff, v. Johns-Manville Sales Corporation, a Delaware Corporation, Johns-Manville Products Corporation, a Foreign Corporation, and Crown Zellerbach Corporation, a Nevada Corporation, Third Party Defendants.

Court of Appeals of Oregon.

Decided November 5, 1979.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant. With him on briefs was Morrison, Dunn, Cohen, Miller & Carney, Portland.

John E. Johansen, Portland, argued the cause for respondent. With him on the brief were Paul S. Hybertsen and McCormick & Reynolds, Portland.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

GILLETTE, Judge.

In this contract action arising out of a dispute over the condition of a roof on a newly constructed building, the trial court granted defendant summary judgment based upon the statute of limitations contained in ORS 12.135(1). We reverse.

Plaintiff Amfac Foods, Inc., dba Lamb-Weston (hereinafter "Lamb-Weston") brought this breach of warranty action against defendant Snyder Roofing Company (hereinafter "Snyder") for the cost of repairing a...

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