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VERRET v. DeHARPPORT

No. 36893; CA 15760.

621 P.2d 598 (1980)

49 Or.App. 801

Leroy J. VERRET and Jessie Irene Verret, Appellants, v. Dale DeHarpport, Ronald Traver, and DeHarpport and Traver, a Partnership, Respondents.

Court of Appeals of Oregon.

Decided December 15, 1980.

Attorney(s) appearing for the Case

P. Herbert Schmidt, Portland, argued the cause and filed the brief for appellants.

Ralph Bolliger, Portland, argued the cause for respondents. With him on the brief was Bolliger, Hampton & Tarlow, P.C., Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Plaintiffs appeal from an order granting summary judgment in favor of defendants. We reverse and remand.

The record in this case is unfortunately extremely confused and incomplete. Our first task is to determine whether there was anything before the court on which it could base a summary judgment. When a party moves for summary judgment,

"* * * [t]he judgment sought shall be rendered forthwith if the pleadings, depositions, and admissions...

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