TAGGART v. BATTAGLIA

94P1104; CA A89233.

915 P.2d 1001 (1996)

140 Or. App. 585

Robert TAGGART and Betty Taggart, Shirley Christiansen and Carol Daks, Appellants, v. Paul F. BATTAGLIA dba Battaglia Ranch, Respondent, and John M. Caspar, Personal Representative of the Estate of Hilda H. Caspar, Defendant.

Court of Appeals of Oregon.

Decided May 1, 1996.


Attorney(s) appearing for the Case

Norman R. Hill, Salem, argued the cause for appellants. With him on the briefs were Norman F. Webb and Webb & Martinis.

Gregory B. Snook, Portland, argued the cause for respondent. With him on the brief were Stephen C. Voorhees and Kilmer, Voorhees & Laurick, P.C.

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


LEESON, Judge.

In this action for timber trespass, plaintiffs appeal from the partial summary judgment, ORCP 67 B, entered in favor of defendant. Because we conclude that defendant is not entitled to judgment as a matter of law, ORCP 47 C, we reverse and remand.

The property that is the subject of this dispute was owned by Hilda Caspar, who died before the occurrence of the events that led to this action. On January 14, 1981, Caspar leased the property to...

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