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VIERRA v. CLACKAMAS COUNTY

No. 86-10-145; CA A47423.

772 P.2d 1346 (1989)

96 Or.App. 196

Nelson VIERRA, Susan Daily, Bryan Vierra and Eden Vierra, Appellants, v. CLACKAMAS COUNTY and Portland General Electric, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Argued and Submitted March 3, 1989.

Reconsideration Denied July 14, 1989.

Attorney(s) appearing for the Case

Kelly Michael Doyle, Portland, argued the cause and filed the briefs for appellants.

No appearance for respondent Clackamas County.

S. Bradley Van Cleve, Portland, argued the cause for respondent Portland General Elec. With him on the brief was Roger K. Harris, Portland.

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

RICHARDSON, Presiding Judge.

Plaintiffs brought this action to recover damages for personal injury and property damage that allegedly resulted from the escape onto their property of a pesticide that employes of Portland General Electric (defendant) were spraying as part of a "wire maintenance program" in the right of way on a public road. The trial court granted defendant's motion for summary judgment and entered a judgment...

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