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IVY v. TRANSAMERICA TITLE INSURANCE CO.

8412-07134; CA A46135.

752 P.2d 1269 (1988)

90 Or.App. 511

Jerry L. IVY and Industrial Park Co., an Oregon Joint Venture, Appellants, v. TRANSAMERICA TITLE INSURANCE COMPANY, a California Corporation, Respondent.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause for appellants. With him on the briefs was Ball, Janik & Novack, Portland.

Dennis J. Heil, Portland, argued the cause for respondent. With him on the brief was McEwen, Gisvold, Rankin & Stewart, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Plaintiffs Industrial Park Company (IPCO) and Ivy1 appeal from an ORCP 67 B judgment that dismissed their negligence claim and gave defendant summary judgment on their breach of contract claim. We reinstate Ivy's party status, reverse on the negligence claim and affirm on the contract claim.

This case arises out of a real estate transaction in which two persons...

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