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OLTMANNS v. LEWIS

9306-04047; CA A83119.

898 P.2d 772 (1995)

135 Or.App. 35

Geraldine OLTMANNS, Respondent, v. Frank LEWIS and Diane Watkins, Appellants, and Gary Skovil, Defendant.

Court of Appeals of Oregon.

Decided June 21, 1995.

Attorney(s) appearing for the Case

Robert T. Scherzer, Portland, argued the cause and filed the brief for appellants.

Eric S. Shilling, Portland, argued the cause and filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Plaintiff brought this declaratory judgment action seeking to establish the existence of an easement. Defendants1 appeal from the grant of summary judgment in favor of plaintiff, arguing that questions of material fact still exist. We reverse and remand.

In reviewing a grant of summary judgment, we view the record in the light most favorable to the party opposing...

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