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ATTAWAY, INC. v. SAFFER

87-1765-J-3; CA A46702.

770 P.2d 596 (1989)

95 Or.App. 481

ATTAWAY, INC., an Oregon Corporation, Appellant, v. Gregory W. SAFFER, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1989.

Reconsideration Denied May 12, 1989.

Attorney(s) appearing for the Case

Terrence Kay, Lake Oswego, argued the cause for appellant. With him on the briefs was Michael J. Caro, Lake Oswego.

Sandra Sawyer, Medford, argued the cause for respondent. With her on the brief were William H. Ferguson and Ferguson & Ferguson, Medford.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff filed an action against defendant for breach of an employment contract and for a preliminary injunction in Clackamas County. After the injunction was denied and venue was changed to Jackson County on defendant's motion,1 plaintiff filed a notice of dismissal pursuant to ORCP 54 A(1)(a). After that notice was filed, defendant filed in Jackson County a counterclaim seeking rescission of the contract, an...

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