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SMITH v. MORRIS

(91-8117; CA A70184).

827 P.2d 1370 (1992)

112 Or.App. 217

Gordon SMITH, Appellant, v. Tom MORRIS and Susan Morris, Husband and Wife, Dba Morris at Camp 18 Restaurant, Respondents.

Court of Appeals of Oregon.

Decided March 25, 1992.

Attorney(s) appearing for the Case

D. Richard Fischer, Astoria, argued the cause for appellant. With him on the brief was Larson & Fischer, Astoria.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

PER CURIAM.

Plaintiff appeals from an order dismissing his forcible entry and detainer (FED) action under ORS 105.105 to ORS 105.165. The court dismissed the action, because there was "another action pending between the same parties for the same cause." ORCP 21 A(3). We reverse.

Plaintiff leased a building to defendants. A dispute developed concerning the lease, and defendants sued plaintiff for breach of the lease. Plaintiff asserted several counterclaims...

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