HELTON v. PHILLIPS

C970099CV; CA A98270.

963 P.2d 100 (1998)

155 Or. App. 217

William HELTON, Respondent, v. Dennis W. PHILLIPS, Appellant.

Court of Appeals of Oregon.

Decided July 15, 1998.


Attorney(s) appearing for the Case

Robert A. Kerr, Oregon City, argued the cause for appellant. With him on the brief were Randall L. Duncan and Duncan & Honn, P.C, Portland.

No appearance for respondent.

Before De MUNIZ, P.J., and HASELTON and LINDER, JJ.


HASELTON, Judge.

Defendant appeals from an adverse judgment, after cross-motions for summary judgment, in an action arising from a dispute over ownership of Tigard Texaco, Inc. The trial court's disposition rested on two alternative grounds: (1) Defendant was precluded, by the parties' prior arbitration, from asserting an ownership interest in the corporation; and (2) in all events, plaintiff's tender of payment for defendant's shares, pursuant to the parties' agreement...

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