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SUTTER v. BINGHAM CONSTRUCTION

83-1783C; CA A35580.

724 P.2d 829 (1986)

81 Or. App. 16

Richard J. SUTTER; Dennis P. Thomas; and Hall Boulevard Professional Village, a partnership, Appellants, v. BINGHAM CONSTRUCTION, INC., an Oregon corporation, Respondent, William Blue, an individual, Defendant.

Court of Appeals of Oregon.

Decided August 27, 1986.

Attorney(s) appearing for the Case

William Dickas, Portland, argued the cause for appellants. With him on brief was Kell, Alterman & Runstein, Portland.

Mary D. Chaffin, Portland, argued the cause for respondent. With her on brief were Claudia M. Coleman and Ragen, Roberts, Tremaine, Krieger, Schmeer, O'Scannlain & Neill, Portland.

Before RICHARDSON, P.J., and WARREN and DEITS, JJ.

WARREN, Judge.

Plaintiffs appeal from the dismissal of their action as to defendant Bingham Construction, Inc. (defendant), because it was not timely commenced. They contend that the trial court erred in applying the two-year Statute of Limitations of ORS 12.110, because this action is governed by the six-year limitation in ORS 12.080. Plaintiffs commenced this action approximately five years and two months after it had accrued,

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