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CITY OF PORTLAND v. CARRIAGE INN

TC A8006-03622; CA A25873; SCS S30093.

673 P.2d 531 (1983)

296 Or. 191

CITY OF PORTLAND, a Municipal Corporation, Petitioner On Review, v. CARRIAGE INN, James W. Flad, John M. Molendyk, Gordon A. Caron, Learoi Shite, William M. Ofstad, Robert Petrix, Mary C. Bline, Paul Henry and Judy Alberton, Respondents On Review.

Supreme Court of Oregon.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Paul C. Elsner, Portland, submitted petition on behalf of petitioner for review and briefs in the Court of Appeals. With him on the briefs and petition was Christopher P. Thomas, City Atty., Portland.

Rex Armstrong, Portland, submitted briefs on behalf of respondents on review in the Court of Appeals. With him on the briefs were Leslie M. Roberts and Kell, Alterman & Runstein, Portland.

PER CURIAM.

Petitioner seeks review of the dismissal of his appeal by the Court of Appeals, 64 Or.App. 751, 669 P.2d 1185, for lack of jurisdiction. The Court of Appeals dismissed plaintiff's appeal from a judgment dated September 9, 1982, as untimely because plaintiff could have appealed from an order entered on June 4, 1982, that dismissed the plaintiff's complaint without leave to replead....

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