PACIFIC N.W. BELL TEL. v. N.W. OVERLAND CORP.

A 8412-07551; CA A48662.

785 P.2d 802 (1990)

100 Or.App. 259

PACIFIC NORTHWEST BELL TELEPHONE CO., a Washington Corporation, Plaintiff, v. NORTHWEST OVERLAND CORPORATION, an Oregon Corporation, Respondent, v. John H. Kelly, Appellant, and Richard A. Seideman, Dimak Co. and National Capabilities Corp., Third-Party Defendants.

Court of Appeals of Oregon.

Decided January 17, 1990.


Attorney(s) appearing for the Case

David Gernant, Portland, argued the cause and filed the briefs for appellant.

Michael G. Hanlon, Portland, argued the cause and filed the brief for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


PER CURIAM.

Third party defendant Kelly appeals from a summary judgment entered in favor of third party plaintiff Northwest Overland.1 Kelly argues that there are questions of material fact and that the trial court therefore erred. ORCP 47. We reverse.

Overland alleges that Kelly was personally liable to repay expenses and borrowed funds and relies on a March, 1985, letter from Kelly's attorney to the attorney who represented Brown...

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