JOHNSON ROCK PRODUCTS v. HANOVER BAY, INC.

No. 79-573; CA 17400.

620 P.2d 982 (1980)

49 Or.App. 846

JOHNSON ROCK PRODUCTS, Inc., Respondent, v. HANOVER BAY, INC., an Illinois Corporation, and the American Casualty Company of Reading, Pennsylvania, a Pennsylvania Corporation, Defendants. The Douglas Company, an Ohio Corporation, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.

Review Denied February 24, 1981.


Attorney(s) appearing for the Case

Robert D. Marshall, Atlanta, Ga., argued the cause for appellant. On the briefs were Chandler, Walberg & Stokes, Coos Bay, and Luther P. Cochrane, John F. Elger and Griffin, Cochrane & Marshall, Atlanta, Ga.

Roger B. Todd, North Bend, argued the cause for respondent. With him on the brief was Flaxel, Todd & Nylander, North Bend.

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


PER CURIAM.

Defendant appeals the denial of exception to an arbitrators' award contending the arbitrators were guilty of misconduct in refusing defendant's request for postponement of the hearing. ORS 33.320(3). The defendant's request for postponement was based on the fact that a key witness for defendant was unable to attend the hearing. A deposition of that witness was admitted at the arbitration hearing. Counsel for defendant stated the witness, if called, would...

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