SPADA v. PORT OF PORTLAND

No. A7911-05549; CA 19748.

637 P.2d 229 (1981)

55 Or.App. 148

Arthur SPADA, Richard Spada and a & R Spada Farms, Appellants, v. The PORT OF PORTLAND, a Political Subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1981.


Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellants. On the brief was George W. Mead, Jr., Portland.

Donald J. Morgan, Portland, argued the cause for respondent. With him on the brief was Wood, Tatum, Mosser, Brooke & Holden, Portland.

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


YOUNG, Judge.

This is an action for breach of contract. Defendant's motion for summary judgment was granted. ORCP 47. Defendant moved for summary judgment on alternative grounds: first, that the court lacked subject matter jurisdiction and, second, even if the court had jurisdiction, defendant was entitled to summary judgment on the merits. The record does not reflect which was the trial court's basis for granting the motion.

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