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REXIUS FOREST BY-PRODUCTS v. A & R LUMBER

16-90-02280; CA A67193.

827 P.2d 1359 (1992)

112 Or.App. 114

REXIUS FOREST BY-PRODUCTS, Inc., an Oregon Corporation, Respondent, v. A & R LUMBER Sales, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided March 11, 1992.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellant. With him on the brief were Larry J. Anderson and Anderson & Clayton.

Frederick A. Batson, Eugene, argued the cause for respondent. With him on the brief was Gleaves, Swearingen, Larsen and Potter.

Before WARREN, P.J., and EDMONDS and De MUNIZ, JJ.

De MUNIZ, Judge.

This is an action for monies due for services rendered. In its answer, defendant alleged a "Counterclaim by way of Set-Off." The trial court granted plaintiff's motion for judgment on the pleadings on the "set-off." ORCP 21 B. It then granted plaintiff's motion for summary judgment on the complaint. ORCP 47. We reverse the judgment on the pleadings and otherwise affirm.

This case involves two assignments of claims. Plaintiff alleged that Transportation...

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