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VIERRA v. CLACKAMAS COUNTY

CC 86-10-145; CA A47423; SC S36288.

785 P.2d 757 (1990)

309 Or. 243

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

Supreme Court of Oregon, In Banc.

Decided January 25, 1990.

Reconsideration Denied March 6, 1990.

Attorney(s) appearing for the Case

Ann L. Fisher, Portland, argued the cause for petitioner on review. On the petition for review were Douglass M. Hamilton and S. Bradley Van Cleve, Portland.

Kelly Michael Doyle, Portland, argued the cause and filed the response to the petition for respondents on review.

JONES, Justice.

Defendant Portland General Electric Company (PGE) petitions this court to reverse the Court of Appeals' decision that PGE is not a "pesticide operator" as defined in ORS 634.006(13). The Court of Appeals reversed a summary judgment in favor of PGE. Vierra v. Clackamas County, 96 Or.App. 196, 772 P.2d 1346 (1989). We affirm the decision of the Court of Appeals.

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