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FUHRER v. GEARHART BY THE SEA, INC.

(CC 84-181; CA A33304).

742 P.2d 58 (1987)

87 Or.App. 219

Myrna FUHRER, Personal Representative of the Estate of Arthur Fuhrer, Deceased, Appellant, v. GEARHART BY THE SEA, INC., an Oregon Corporation; the Department of Transportation, State of Oregon, Respondents, and Clatsop County, Oregon, Defendant.

Court of Appeals of Oregon.

Decided September 9, 1987.

Reconsideration Denied October 9, 1987.

Review Allowed November 17, 1987.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the briefs were Rosenthal & Greene, P.C., Portland, and Daniel M. Berger, and Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa.

William G. Earle, Portland, argued the cause for respondent Gearhart By The Sea, Inc., an Oregon corp. With him on the brief was Hallmark, Griffith & Keating, P.C., Portland.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Transp., State of Or. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

The Supreme Court remanded this wrongful death case for reconsideration in the light of its opinions and decisions in Fazzolari v. Portland School Dist., 303 Or. 1, 734 P.2d 1326 (1987), Kimbler v. Stillwell, 303 Or. 23, 734 P.2d 1344 (1987), and Donaca v. Curry Co., 303 Or. 30...

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