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COLUMBIA COUNTY v. RANDALL

No. 23184; CA 15774.

620 P.2d 937 (1980)

49 Or.App. 643

COLUMBIA COUNTY, a Political Subdivision of the State of Oregon, Respondent, v. Robert RANDALL, Respondent-Cross-Appellant, Danton Sprague, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Nicholas D. Zafiratos, Astoria, argued the cause for appellant-cross-respondent. With him on the briefs was Zafiratos & Roman, Astoria.

Thomas Sauberli, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Duane Vergeer, and Vergeer, Roehr & Sweek, Portland.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

Intervenor, who is the owner of certain sheep allegedly injured or killed by defendant's dog, appeals from the trial court's granting of defendant's plea in abatement, which had the effect of dismissing the first four causes of action alleged in his complaint against defendant by which he claimed damages under ORS 609.140, notwithstanding the payment of those claims by the plaintiff County pursuant to ORS 609.170. Defendant cross-appeals from the judgment...

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