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LELAND PROPERTIES v. BURTON ENGINEERING

CA A89435.

954 P.2d 851 (1998)

152 Or. App. 557

LELAND PROPERTIES, INC., dba Fornay Homes, Respondent—Cross-Appellant, v. BURTON ENGINEERING AND SURVEY CO., Appellant—Cross-Respondent.

Court of Appeals of Oregon.

Decided February 18, 1998.

Attorney(s) appearing for the Case

Nickolas J. Dibert, Portland, argued the cause for appellant—cross-respondent. With him on the briefs were Lisa E. Lear and Bullivant, Houser, Bailey, Pendergrass & Hoffman, P.C.

Garth T. Galyon, Portland, argued the cause for respondent—cross-appellant. On the briefs was David Nathan Allen, Portland.

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

LINDER, Judge.

This is an action for breach of contract and negligence. Defendant appeals, assigning error to the trial court's grant of a new trial under ORCP 64 B(1). Plaintiff cross-appeals, assigning error to the trial court's pretrial ruling excluding evidence of "lost profits" damages. We affirm on the cross-appeal without discussion. We reverse on defendant's appeal, for the reasons that follow.

The issue on appeal relates to the form of the trial court...

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