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PEERLESS WASTE EQUIPMENT SALES v. PEERLESS

C89-0873CV; CA A64826.

813 P.2d 1067 (1991)

107 Or.App. 578

PEERLESS WASTE EQUIPMENT SALES Co., an Oregon Corporation, Appellant, v. PEERLESS Corporation, a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 19, 1991.

Attorney(s) appearing for the Case

Thomas K. Wolf, Tualatin, argued the cause for appellant. With him on the briefs was Erickson & Wolf, Tualatin.

S. Ward Greene, Portland, argued the cause for respondent. With him on the brief was Greene & Markley, P.C., Portland.

Before RICHARDSON, P.J., and DEITS and DE MUNIZ, JJ.

RICHARDSON, Presiding Judge.

Plaintiff, an Oregon corporation that is wholly owned by Mabon N. Cornwell, appeals from the summary judgment for defendant. The trial court granted the motion on the ground that the action was barred, because Cornwell had brought two earlier actions against defendant. The trial court's reasoning and the parties' arguments entail an amalgam of res judicata and release concepts, the latter based on the written settlements of the...

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