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BURTON v. MACKEY

840410; CA A48646.

801 P.2d 865 (1990)

104 Or.App. 361

Robert D. BURTON, Dawn M. Burton, and Burton's Enterprises, Inc., Appellants, v. John MACKEY, Ransom & Smith Realty, Inc., an Oregon Corporation, Ted D. Anderson and Kohnen, Larson & Co., Respondents.

Court of Appeals of Oregon.

Decided November 21, 1990.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellants. With him on the briefs were James G. Nelson, Albany, and William D. Brandt, Salem.

Ben C. Fetherston, Jr., Salem, argued the cause for respondents John Mackey and Ransom & Smith Realty, Inc. With him on the brief were Michael C. McClinton and Clark, Lindauer, McClinton, Krueger & Fetherston, Salem.

John R. Barker, Portland, argued the cause for respondents Ted D. Anderson and Kohnen, Larson & Co. On the brief were James M. Callahan, Susan D. Cardoni and Bittner & Barker, P.C., Portland.

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

NEWMAN, Judge.

Plaintiffs (Burton) appeal a summary judgment for defendants in an action for negligence, indemnity and contribution and breach of contract. We affirm.

The present action arises out of a fraud judgment that Gerke won against Burton. Gerke v. Burton Enterprises, 80 Or.App. 714, 723 P.2d 1061, rev. den. 302 Or. 299,...

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