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LAMBERT v. AMERICAN DREAM HOMES CORP.

911397; CA A87691.

939 P.2d 661 (1997)

148 Or. App. 371

Dwight LAMBERT, Appellant, v. AMERICAN DREAM HOMES CORPORATION, dba Sheridan Custom Homes, an Oregon corporation, and Liberty Homes, Inc., an Indiana corporation, Respondents, and Indemnity Company of California, a California corporation, Defendant.

Court of Appeals of Oregon.

Decided June 11, 1997.

Attorney(s) appearing for the Case

John W. Beebe, Salem, argued the cause and filed the briefs for appellant.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent Liberty Homes, Inc. With him on the brief were Foley & Duncan, P.C., Jack L. Stewart and Stewart & Lucas, P.C., Keizer.

Larry R. Roloff, Eugene, argued the cause and filed the brief for respondent American Dream Homes Corporation.

Before RIGGS, P.J., RICHARDSON, C.J., and LANDAU, J.

LANDAU, Judge.

Plaintiff appeals a judgment dismissing his complaint for want of prosecution. We reverse and remand.

The relevant facts are not in dispute. On October 21, 1991, plaintiff filed a complaint against American Dream Homes Corporation (American) alleging that he had purchased a new manufactured home from American that was defective in many respects. The matter was referred to an arbitrator, and, on June 18, 1992, the arbitrator found in favor of...

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