RISTAU v. WESCOLD, INC.

(9104-02042; CA A73177).

852 P.2d 271 (1993)

120 Or. App. 264

Ward W. RISTAU, Appellant, v. WESCOLD, INC., an Oregon corporation; and Theodore E. Youngren, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted March 10, 1993.

Decided May 19, 1993.

Reconsideration Denied July 21, 1993.

Review Allowed August 24, 1993.


Attorney(s) appearing for the Case

David B. Markowitz, Portland, argued the cause for appellant. With him on the briefs were Lynn R. Stafford, Robert D. Bulkley and Markowitz, Herbold, Glade & Mehlhaf, PC, Portland.

Don G. Carter, Portland, argued the cause for respondents. With him on the brief were Donald W. McEwen and McEwen, Gisvold, Rankin & Stewart, Portland.


Resubmitted In Banc March 10, 1993.

WARREN, Judge.

Plaintiff appeals a summary judgment for defendants. He argues that the court erred when it concluded that a release provision in a stock sales agreement precludes him from bringing a claim against defendants. We reverse.

The court shall grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ORCP 47C. We view the record...

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