MALAER v. FLYING LION, INC.

No. 42-726; CA A24612.

670 P.2d 214 (1983)

65 Or.App. 154

Daniel J. MALAER and Sarah M. Malaer, Appellants, v. The FLYING LION, INC., a Corporation, and Dennis Childers, Respondents.

Court of Appeals of Oregon.

Decided October 12, 1983.


Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause for appellants. With him on the briefs were Carl R. Neil, Thomas K. O'Shaughnessy, and Lindsay, Hart, Neil & Weigler, Portland.

Jonathan M. Hoffman, Portland, argued the cause for respondents. With him on the brief were Joan L. Volpert, and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

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


YOUNG, Judge.

This is an action for damages allegedly caused by aerial spraying of a pesticide. Plaintiffs appeal a summary judgment for defendants. The issues on appeal concern the notice provisions in ORS 634.172. Defendants have the burden of showing that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. ORCP 47 C. We review the record in the light most favorable to plaintiffs. Uihlein v. Albertson's, Inc....

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