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O'GARA v. PTACEK

84-4508-J-2; 84-4438-J-2; CA A47787 (Control); A47786.

771 P.2d 642 (1989)

96 Or.App. 39

James O'GARA, Appellant, v. John J. PTACEK, M.D., Respondent, and Yale Sacks, M.D., and Harry L. Walters, M.D., Defendants. James O'Gara, Personal Representative of the Estate of Maureen O'Gara, Deceased, Appellant, v. John J. Ptacek, M.D., Respondent, and Yale Sacks, M.D., and Harry L. Walters, M.D., Defendants.

Court of Appeals of Oregon.

Decided April 5, 1989.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, argued the cause and filed the brief for appellants.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were M. Elizabeth Duncan and Schwabe, Williamson & Wyatt, Portland.

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

WARREN, Judge.

Plaintiff1 appeals a summary judgment for defendant Ptacek on the ground that plaintiff's actions were barred by the Statute of Limitations. This is the second time that these consolidated actions have been to this court. The first time, plaintiff appealed after the trial court granted an ORCP 21 motion on the ground that the action was barred by the statute. We reversed, holding...

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