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STATE EX REL. FROHNMAYER v. BICAR, INC.

16-91-00529, CA A73499.

850 P.2d 1163 (1993)

119 Or. App. 458

STATE ex rel. Dave FROHNMAYER, Attorney General of the State of Oregon, Respondent, v. BICAR, INC., an Oregon corporation, dba Springfield Specialties; Carl J. Stults, William Potter and Elinor Bright, Appellants.

Court of Appeals of Oregon.

Decided April 21, 1993.

Attorney(s) appearing for the Case

Gary D. Babcock, Salem, and Robert J. McCrea, Eugene, argued the cause and filed the brief for appellants.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

DURHAM, Judge.

Defendants appeal from a summary judgment in this civil action and raise four assignments of error. We address only one because it is dispositive of the appeal.

Defendants moved to dismiss the complaint and included a request for oral argument in the caption of the motion. UTCR 5.050(1) provides, in part:

"There shall be oral argument if requested by the moving party in the caption of the motion or by a responding party in the caption...

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