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GOODYEAR TIRE & RUBBER v. TUALATIN TIRE & AUTO

CC C89-0099CV; CA A73536; SC S41806.

932 P.2d 1141 (1997)

325 Or. 46

The GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Respondent on Review, v. TUALATIN TIRE & AUTO, INC., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Reconsideration Allowed July 23, 1996.

Resubmitted March 7, 1997.

Decided March 20, 1997.

Attorney(s) appearing for the Case

James N. Westwood and William H. Walters of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed the petition for reconsideration for respondent on review.

Kim E. Hoyt and Mark E. Griffin, of Ferder, Brandt, Cooper, Hoyt & French, LLP, Salem, filed a memorandum for petitioner on review.

William L. Hallmark and Lindsey H. Hughes, of Hallmark, Keating & Abbott, P.C., Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.

On Respondent on Review's Petition for Reconsideration February 16, 1996.

GILLETTE, Justice.

In Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or. 406, 908 P.2d 300 (1995), this court concluded that, in the context of a dispute between Goodyear Tire & Rubber Company (Goodyear) and its franchisee, Tualatin Tire & Auto (Tualatin), the "we

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