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NICE v. PRIDAY

CC96-28; CA A95984.

945 P.2d 559 (1997)

149 Or. App. 667

Lester W. NICE and Lela Mae Mundy, Appellants, v. John Warren PRIDAY, Patricia Priday and John Annan Priday, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Bradley V. Timmons, The Dalles, argued the cause for appellants. With him on the briefs was Dick & Dick.

Stanley D. Austin, Bend, argued the cause for respondents. With him on the brief were Gregory P. Lynch and Hurley, Lynch & Re, P.C.

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

LEESON, Judge.

In this action for a statutory way of necessity, ORS 376.150 to ORS 376.200,1 we must determine whether the trial court erred in granting defendants' motion for summary judgment on the ground that plaintiffs' action is barred by the doctrine of claim preclusion. Because the parties do not dispute the relevant facts, we review to determine whether defendants are entitled to judgment...

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