FLEMING FOODS WEST, INC. v. MATHIES

9401-00556; CA A84655.

896 P.2d 614 (1995)

135 Or. App. 88

FLEMING FOODS WEST, INC., a Nevada corporation, Respondent, v. Derald MATHIES, Appellant.

Court of Appeals of Oregon.

Decided June 21, 1995.


Attorney(s) appearing for the Case

Lory J. Kraut, Portland, argued the cause for appellant. With her on the briefs were Mark S. Toledo and Bennett & Hartman.

Richard N. Van Cleave, Portland, argued the cause for respondent. With him on the brief were Richard C. Hunt and Lane Powell Spears Lubersky.

Before RICHARDSON, C.J., and EDMONDS and LEESON, JJ.


EDMONDS, Judge.

Defendant appeals a summary judgment on plaintiff's claim for declaratory judgment. ORS ch. 28 et seq; ORCP 47 C. He assigns error to the trial court's grant of summary judgment in plaintiff's favor and failure to grant summary judgment in his favor, as well as its failure to strike the deposition testimony of a witness. We reverse.

Summary judgment should be granted when there is no genuine issue as to any material fact, and the moving...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases