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MACKEY v. TKCC, INC.

C920336CV; CA A83067.

894 P.2d 1200 (1995)

134 Or. App. 121

Lynne R. MACKEY, Appellant, v. TKCC, INC., a California corporation, dba Koll Construction; Koll Company, a California corporation; Petula Associates, Limited, an Iowa corporation; and Koll Woodside Associates, a California general partnership, Respondents. TKCC, INC., a California corporation, dba Koll Construction; and Petula Associates Limited, an Iowa corporation, Third-Party Plaintiffs, v. MACKENZIE/SAITO & ASSOC., P.C., an Oregon professional corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided April 26, 1995.

Review Denied August 1, 1995.

Attorney(s) appearing for the Case

Kim T. Buckley, Portland, argued the cause for appellant. With him on the briefs was Esler, Stephens & Buckley.

Gregory B. Snook, Portland, argued the cause for respondent TKCC, Inc. With him on the brief was Kilmer, Voorhees & Laurick, P.C.

Thomas M. Christ, Portland, argued the cause for respondents Petula Associates Ltd. Koll Co. and Koll Woodside Associates. With him on the brief was Mitchell, Lang & Smith.

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

EDMONDS, Judge.

Plaintiff appeals from a judgment entered for defendants after the trial court granted defendants' motion to strike certain allegations from plaintiff's complaints, ORCP 21, and granted summary judgment on her remaining allegations. ORCP 47 C. She challenges both of those rulings as well as the trial court's refusal to allow her to file an amended complaint. ORCP 23 A. We reverse.

This case is about the liability of a landlord and the builder...

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