CHANEY v. SHELL OIL CO.

A8903-01752; CA A65819.

827 P.2d 196 (1992)

111 Or.App. 556

Bobby L. CHANEY, T.G.M. Oregon, Inc., an Oregon Corporation, Ron Dufresne, Dufresne's Auto Service, Inc., an Oregon Corporation, Emad al-Attrash, al-Attrash Trading Co., an Oregon Corporation, Denny Bird, Denny's Shell Service, Inc., an Oregon Corporation, Bruce Chapman, Bruce Chapman Company, Inc., an Oregon Corporation, Gerald Cochran, Courtesy Shell, Inc., an Oregon Corporation, Thomas Doll, Doll's Service Co., Inc., an Oregon Corporation, Dwight Estby, Dwight Estby Enterprises, Incorporated, an Oregon Corporation, Dennis Johnson, Dennis R. Johnson Enterprises, Inc., an Oregon Corporation, Allen Olson, Norris Olson, Gordon Olson, Olson Brothers Service, Inc., an Oregon Corporation, Mark Saxe, Mark Saxe's Automotive, Inc., an Oregon Corporation, Ervin Roberson and Robert Peck, Appellants, v. SHELL OIL COMPANY, a Delaware Corporation, Respondent, and Pacific Northern Oil Corp., a Washington Corporation, and Panoco, Inc., a Washington Corporation and the Wholly Owned Subsidiary of Pacific Northern Oil Corp., Defendants.

Court of Appeals of Oregon.

Decided February 26, 1992.

Reconsideration Denied May 6, 1992.

Review Denied May 26, 1992.


Attorney(s) appearing for the Case

David S. Shannon, Portland, argued the cause for appellants. With him on the briefs were Karen R. Tashima and Shannon and Johnson, P.C., Portland.

William N. Mehlhaf, Portland, argued the cause for respondent. With him on the brief was Markowitz, Herbold, Glade & Mehlhaf, Portland.

Before WARREN, P.J., and JOSEPH, C.J., and EDMONDS, J.


EDMONDS, Judge.

Plaintiffs1 appeal a judgment that dismissed their claims after the trial court granted defendant Shell Oil Company's (Shell) ORCP 21 A(8) and summary judgment motions. ORCP 47. Shell cross-assigns error to the "implicit" denial of part of the motion for summary judgment. We affirm in part and reverse in part.

Plaintiffs make five assignments of error. For reasons that...

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