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AKINS v. BUCYBUS-ERIE CO.

16-90-05043; CA A70260.

837 P.2d 981 (1992)

115 Or. App. 222

Jerry W. AKINS, Appellant, v. BUCYRUS-ERIE COMPANY, a Delaware corporation, Respondent, and McDougal Bros., Inc., an Oregon corporation, Defendant.

Court of Appeals of Oregon.

Decided September 16, 1992.

Reconsideration Denied November 18, 1992.

Review Denied December 22, 1992.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause for appellant. With him on the briefs was Clinton D. Simpson, Eugene.

William G. Wheatley, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

In this product liability action, the trial court granted a summary judgment, ORCP 47 B, to Bucyrus-Erie Company (defendant) on the ground that plaintiff's claim arose after the expiration of the eight-year period of ultimate repose. ORS 30.905. Plaintiff appeals, and we reverse.

As the moving party, defendant must show that there are no genuine issues of fact and that it is entitled to judgment as...

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