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OSBORN v. CRANE EQUIPMENT MANUFACTURING CORPORATION

No. 9202-01217; CA A78833.

897 P.2d 1192 (1995)

135 Or.App. 176

Jasper OSBORN and Judy Osborn, Appellants, v. CRANE EQUIPMENT MANUFACTURING CORPORATION, Defendant, and Niedermeyer-Martin Company and Richard Walls, Respondents.

Court of Appeals of Oregon.

Decided June 21, 1995.

Review Denied September 5, 1995.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause, for appellants. On the briefs was Peter O. Hansen, Portland.

Karen O'Kasey, Portland, argued the cause, for respondents. With her on the brief were Erich H. Hoffmann and Schwabe, Williamson, Wyatt.

Michael V. Phillips, Eugene, filed an amicus curiae brief, for Oregon Trial Lawyers Ass'n.

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

LEESON, Judge.

Plaintiff1 appeals from an adverse judgment in his third-party tort action against defendant Niedermeyer-Martin Company (NMC) for personal injuries sustained during his employment with Pacific Wood Treating Corporation (PWTC). We reverse and remand.

NMC is an Oregon corporation that buys raw lumber, poles and piling and sells them to PWTC for treatment with creosote. PWTC...

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