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SCHILLER v. GILES

No. L78-0864; CA 16109.

614 P.2d 151 (1980)

47 Or.App. 517

Robert K. SCHILLER and Barbara Schiller, Appellants, v. Elmer L. GILES, Respondent, and William Haynes, Dba Haynes House, Defendant.

Court of Appeals of Oregon.

Decided August 4, 1980.

Attorney(s) appearing for the Case

A. Dean Heiling, Roseburg, argued the cause for appellants. With him on the briefs was Heiling & McIntosh, Roseburg.

Jeffrey Pugh, Roseburg, argued the cause for respondent. With him on the brief was Neuner, Dole, Caley & Kolberg, Roseburg.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

PER CURIAM.

During the arguments in this case we were made aware that after the allowance of defendant Giles' summary judgment on plaintiffs' amended complaint, there remained pending Giles' counterclaim for breach of contract and tort, as well as plaintiffs' action against the co-defendant and his counterclaims against them. There was neither a final order under ORS 19.010 nor an order permitting an interlocutory appeal under ORS 18.125(1).

Appeal...

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