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SIMONS v. CITY OF PORTLAND

9110-06965; CA A78970.

887 P.2d 824 (1994)

132 Or. App. 74

Jean Mary SIMONS, Deceased, and her estate, by and through Floyd Dahlke, the personal representative of the estate of Jean Mary Simons, Plaintiff, v. CITY OF PORTLAND, a Municipal corporation, Respondent, and James J. and Elizabeth A. Bauer, Appellants.

Court of Appeals of Oregon.

December 21, 1994.

Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause for appellants. With him on the briefs were Bruce H. Tompkins and Spooner & Much, P.C.

Harry Auerbach, Deputy City Atty., argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Defendants James and Elizabeth Bauer (Bauers) appeal from a judgment dismissing their cross-claims against defendant City of Portland (city) and granting city's motion for indemnity against the Bauers.1 We reverse.

Bauers own property on Southeast 62nd Avenue in Portland, at the intersection of 62nd and southeast Harold streets. At that corner, adjacent to Bauers' property, city has placed a stop sign for southbound...

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