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SEA-AIR HANDLING SERVICES, INC. v. REED

CC 9609-06691; SC S44721.

956 P.2d 953 (1998)

327 Or. 25

SEA-AIR HANDLING SERVICES, INC. Plaintiff-Adverse Party, v. Paul H. REED, by Donald HARTVIG, Chapter Seven Bankruptcy Trustee, Defendant-Relator, and Bob Hodson, Defendant.

Supreme Court of Oregon.

Decided April 9, 1998.

Attorney(s) appearing for the Case

Donald A. Greig, of Landerholm, Memovich, Lansverk and Whitesides, P.S., Vancouver, WA, argued the cause and filed the brief for plaintiff-adverse party.

Christopher W. Angius, of Perkins Coie, Portland, argued the cause and filed the brief for defendant-relator.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and LEESON JJ.

LEESON, Judge.

This is an original action in mandamus. ORS 34.120. Bankruptcy trustee Hartvig (relator) contends that Multnomah County Circuit Court Judge Marshall Amiton exceeded his authority under ORCP 71 C in granting plaintiff-adverse party Sea-Air Handling Services, Inc.'s (Sea-Air) requested relief and that Judge Amiton misinterpreted the "two-dismissal rule" in ORCP 54 A(1).1 Consequently, he asks this court to issue a peremptory...

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