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STATE EX REL ABERCROMBIE v. JOHNSON

SC S44556.

950 P.2d 313 (1997)

326 Or. 135

STATE ex rel David M. ABERCROMBIE, J.G. "Glen" Vannoy and Marilyn Vannoy, Plaintiffs-Relators, v. Nely L. JOHNSON, Circuit Court Judge, Multnomah County, Defendant, and Hayden Corporation, Intervenor.

Supreme Court of Oregon, In Banc.

Decided December 5, 1997.

Reconsideration Denied January 27, 1998.

Attorney(s) appearing for the Case

Peter C. Richter and William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen L.L.P., Portland, filed the brief for relators.

No appearance contra.

M. Elizabeth Duncan and Ridgway K. Foley, Jr., of Greene & Markley, P.C., Portland, filed a memorandum for intervenor.

PER CURIAM.

This mandamus proceeding arises out of a dispute over the legal effect of certain quitclaim deeds to various commercial properties. The case has been previously before this court. In the original proceeding, relators Abercrombie and others had brought an action against Hayden Corporation for damages allegedly arising out of a breach by Hayden of a contract to sell the commercial properties. The original land sale agreement expired by its terms. Relators...

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