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BURLINGTON NORTHERN INC. v. LESTER

No. A7804-05940; CA 15583.

617 P.2d 906 (1980)

48 Or.App. 579

BURLINGTON NORTHERN INC., a Delaware Corporation, Appellant, v. Joseph J. LESTER and Mercedes Lester, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 6, 1980.

Attorney(s) appearing for the Case

Delbert M. Johnson, Portland, argued the cause for appellant. With him on the briefs was Roger Hennagin, Portland.

Charles Paulson, Portland, argued the cause and filed the brief for respondents.

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

GILLETTE, Presiding Judge.

Plaintiff brought this action seeking recovery of money paid to defendant in consideration of a compromise and release of a personal injury claim. Both parties moved for summary judgment. The trial court granted summary judgment for defendant and plaintiff appeals.1 We reverse.

Defendant Lester (defendant) is an employee of the plaintiff railroad. On June 19...

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