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DODGE v. PAYNE

No. 78-4-153; CA A20380.

641 P.2d 57 (1982)

56 Or.App. 46

Raymond DODGE, Thomas J. Dryden, Dottie Dryden, Thomas C. Houston, Louise Houston, Susan Howell, Andress James, Shirley James, Herbert L. Johnson, Marjorie Johnson, Paul Ochs, Suzanne Ochs, George Van Ginhoven, Evie Van Ginhoven, Appellants, and Lyle Brigham, Bette Brigham, Eunice Dodge, Barrett Lindsay, and Eileen Lindsay, Plaintiffs, v. Frederick J. PAYNE, Jr., Clifford R. Sapienza, City of Lake Oswego, a Municipal Corporation, Respondents.

Court of Appeals of Oregon.

Decided February 22, 1982.

Reconsideration Denied April 1, 1982.

Attorney(s) appearing for the Case

Jeffrey B. Wihtol, Portland, argued the cause for appellants. With him on the briefs was Morrison, Dunn, Cohen, Miller & Carney, Portland.

Ralph Bolliger, Portland, argued the cause for respondents Frederick J. Payne, Jr., and Clifford R. Sapienza. With him on the brief were John L. Groh and Bolliger, Hampton & Tarlow, Portland.

James M. Coleman, City Atty., Lake Oswego, waived appearance for respondent City of Lake Oswego.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

GILLETTE, Presiding Judge.

This case has been before us once before. Brigham v. Payne, 45 Or.App. 847, 609 P.2d 870 (1980). In our prior opinion, we reversed a judgment for plaintiffs without specifying whether our decision concerned solely the plaintiffs' second cause of action (which was the only matter specifically before us on appeal) or both plaintiffs' causes of action. On remand...

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