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JEFFERSON STATE BANK v. WELCH

TC 82-2505-J-3; CA A28600; SC S31337.

702 P.2d 414 (1985)

299 Or. 335

JEFFERSON STATE BANK, an Oregon Corporation, Respondent On Review, v. W.R. WELCH, Sr., and William P. Juhl, Doing Business As W.R. Welch Construction, Petitioners On Review, W.R. Welch, Jr., Defendant.

Supreme Court of Oregon, In Banc.

Argued and Submitted June 4, 1985.

Attorney(s) appearing for the Case

Richard B. Thierolf, Jr., of Jacobson, Jewett & Thierolf, P.C., Ashland, argued the cause for petitioners on review. With him on the petition was Walter D. Nunley, Medford.

Patrick G. Huycke, of Robertson, Huycke & Cauvin, Medford, argued the cause and filed a response to the petition for respondent on review.

Fredric R. Merrill, Northwestern School of Law, Portland, and Frank R. Lacy, University of Oregon Law School, Eugene, filed a brief amici curiae.

JONES, Justice.

The defendants appeal from the decision of the Court of Appeals which held that the trial court erred in allowing the defendants' motion for summary judgment, 70 Or.App. 635, 690 P.2d 1107. We affirm the Court of Appeals decision.

The issue presented by this appeal is whether the interpretation of ORCP 67 E.(2)1 by the Court of Appeals changes...

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