FREEPORT v. R.A. GRAY & CO.

A8702-01339; CA A47166.

767 P.2d 83 (1989)

94 Or.App. 648

FREEPORT Investment Company, an Oregon Corporation, Walter J. Freeman, John C. Freeman, Janet M. Freeman, Edward F. Freeman, and Linda Freeman, Appellants, v. R.A. GRAY & CO., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided January 11, 1989.


Attorney(s) appearing for the Case

Dennis H. Elliott, Portland, argued the cause for appellants. With him on the briefs was Elliott & Freedman, Portland.

Patrick J. Furrer, Tigard, argued the cause for respondent. With him on the brief was Furrer & Scott, Tigard.

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


WARREN, Judge.

In this contract action, the trial court granted defendant's motion for summary judgment on the ground that the action was barred by res judicata. The earlier action between plaintiff (Freeport) and defendant (Gray) was a third-party claim in Klimp v. Freeport Investment Co. Freeport had joined Gray as a third-party defendant, asserting breach of contract claims that would result in Gray's indemnification of Freeport for any recovery Klimp...

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