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WAYBRANT v. BERNSTEIN

77-3-25; CA A24324.

706 P.2d 1002 (1985)

75 Or.App. 550

In the matter of the Estate of Randolph Bert Demary, Deceased. Thomas WAYBRANT, Personal Representative of the Estate of Rosalie Lynn Waybrant, Deceased, Appellant. v. James BERNSTEIN, Personal Representative of the Estate of Randolph Bert Demary, Deceased, Respondent.

Court of Appeals of Oregon.

Argued and Submitted December 17, 1985.

Decided October 2, 1985.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause and filed the brief for appellant.

James C. Tait, Oregon City, argued the cause for respondent. With him on the brief were Canning, Tait & McKenzie, P.C., Oregon City.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

The Supreme Court reversed our dismissal of plaintiff's appeal and remanded this case to us. Waybrant v. Bernstein, 294 Or. 650, 661 P.2d 931 (1983).1 It stated the facts:

"The plaintiff's decedent was fatally injured in a one-car accident while riding as a passenger. The driver, Randolph DeMary,...

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