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WEINER INVESTMENT CO. v. WEINER

A8701-00398; CA A50164.

804 P.2d 1211 (1991)

105 Or. App. 339

WEINER INVESTMENT CO., an Oregon corporation, and Arnold M. Weiner, Respondents-Cross-Appellants, v. Samuel R. WEINER, Appellant-Cross-Respondent, and Barney's Parking, Inc., Defendant.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Steven W. Seymour, Portland, argued the cause, for appellant-cross-respondent. With him on the briefs was Samuels, Yoelin, Weiner, Kantor & Seymour, Portland.

Christopher W. Angius, Portland, argued the cause, for respondents-cross-appellants. On the brief were Lawrence Reichman and Perkins Coie, Portland.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant appeals from a judgment dismissing his counterclaims with prejudice. He assigns as error the court's granting of plaintiffs' motion for summary judgment. Plaintiffs cross-appeal, assigning error to the court's denial of their motion for sanctions against defendant under ORCP 17 C. We reverse on defendant's appeal and affirm on plaintiffs' cross-appeal.

Plaintiffs Weiner Investment Co. and Arnold Weiner filed an action for partition...

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