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LaPOINTE'S INC. v. BERI, INC.

138979; CA A31219.

699 P.2d 1173 (1985)

73 Or.App. 773

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

Court of Appeals of Oregon.

Decided May 22, 1985.

Attorney(s) appearing for the Case

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

J. Philip Parks, Salem, argued the cause for respondent. With him on the brief were Billy M. Sime and Parks & Bauer, Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff lessee brought this action for declaratory judgment against defendant lessor, seeking the construction of a commercial lease. Plaintiff claimed that the lease restricted parking at the Salem Plaza to customers only and that defendant had breached the lease by failing to police the parking area adequately to ensure that parking was limited to customers. Plaintiff sought injunctive relief with respect...

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