SMITH v. CUSTOM MICRO, INC.

TC 89-90669; CA A63887; SC S37598.

811 P.2d 1371 (1991)

311 Or. 375

Darrell SMITH, Respondent On Review, v. CUSTOM MICRO, INC., Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided May 30, 1991.


Attorney(s) appearing for the Case

Francis W. Linklater, Eugene, filed the petition and argued on behalf of the petitioner.

Darrell Smith, Springfield, filed the memorandum and appeared pro se.


GILLETTE, Justice.

The issue in this civil case is whether the Court of Appeals erred in summarily reversing the judgment of the district court and remanding the case for a new trial on the ground that the audio record of proceedings had been erased. We conclude that the Court of Appeals erred. We reverse the decision of the Court of Appeals, reinstate the appeal, and remand the case to that court for further proceedings.

This case began as a dispute over...

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