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KLIMEK v. CONTINENTAL INS. CO.

79-3861-L-2; 80-537-NJ-2; 80-1155-J-1; CA A31627.

711 P.2d 155 (1985)

76 Or.App. 643

Twila KLIMEK, Individually and As Personal Representative of the Estate of Jerry Klimek, Respondents, v. THE CONTINENTAL INSURANCE COMPANY, Appellant. Raymond Zerr and Pearl Zerr, Plaintiffs, v. TWILA KLIMEK, Individually and As Personal Representative of the Estate of Jerry Klimek, Robert F.O. Burdett, Richard C. Gedymin, Calvin E. Smith and James E. Brannon, Defendants. Robert F.O. Burdett, Richard C. Gedymin, Calvin E. Smith and James Brannon, Plaintiffs, v. TWILA B. KLIMEK, Individually and As Personal Representative of the Estate of Jerry Klimek, Defendants.

Court of Appeals of Oregon.

Decided December 4, 1985.

Attorney(s) appearing for the Case

James M. Callahan, Portland, argued the cause for appellant. With him on briefs was Bittner & Barker, P.C., Portland.

William V. Deatherage, Medford, argued the cause for respondents. With him on brief were Jack R. Bird and Frohnmayer, Deatherage, deSchweinitz, Prett & Jamieson, P.C., Medford.

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

WARDEN, Judge.

This controversy, which is before us for the second time, arises out of a contract for the sale of standing timber entered into on June 6, 1979, between the Klimeks,1 sellers, and Burdett, Gedymin, Smith and Brannon, purchasers. The Continental Insurance Company, as surety, executed a performance bond on behalf of purchasers. The issues in this appeal relate to the propriety of summary judgment entered against Continental...

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