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BERI, INC. v. LaPOINTE'S, INC.

No. 76290; CA A27565.

673 P.2d 570 (1983)

66 Or.App. 257

BERI, INC., an Oregon Corporation, Appellant, v. LaPointe's, INC., Respondent.

Court of Appeals of Oregon.

Decided December 21, 1983.

Reconsideration Denied February 10, 1984.

Attorney(s) appearing for the Case

G. Kenneth Shiroishi, Portland, argued the cause for appellant. With him on the briefs was Morrison, Dunn, Carney, Allen & Tongue, Portland.

Dell A. Alexander, Albany, argued the cause for respondent. With him on the brief was Emmons, Kyle, Kropp, Kryger & Alexander, P.C., Albany.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

Plaintiff appeals from a trial court order dismissing its forcible entry and detainer action to recover possession of commercial property leased to defendant.1 The issue is whether plaintiff gave defendant sufficient written notice to terminate the lease. We conclude reverse and remand.

In 1966, plaintiff's predecessor in interest and defendant executed a long-term commercial lease that provides in relevant...

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