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PHILLIPS v. BISCHOFF & STROOBAND, P.C.

94-0136-L-3; CA A87701.

911 P.2d 960 (1996)

139 Or. App. 228

Walter G. PHILLIPS, Appellant, v. BISCHOFF & STROOBAND, P.C.; Jerome F. Bischoff; Michael Strooband and Roger Ousey, Respondents.

Court of Appeals of Oregon.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Joel B. Reeder, Medford, argued the cause and filed the briefs for appellant.

David B. Paradis, Medford, argued the cause for respondents. With him on the brief was Brophy, Mills, Schmor, Gerking & Brophy.

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

EDMONDS, Judge.

Plaintiff appeals a summary judgment dismissing his complaint for legal malpractice. ORCP 47. We reverse.

A court may grant summary judgment if the record demonstrates

"that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. No genuine issue as to a material fact exists if, based upon the record before the court viewed in a manner most favorable to the adverse party...

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