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GRADY v. CEDAR SIDE INN, INC.

C9508-47CV; CA A94545.

963 P.2d 36 (1998)

154 Or. App. 622

Richard GRADY, Appellant, v. CEDAR SIDE INN, INC., Garold J. Settje and Shirley E. Settje, dba Mini-Mart of Vernonia, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted May 6, 1998.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Clayton H. Morrison, Beaverton, argued the cause and filed the briefs for appellant.

Kenneth D. Bourne, Portland, argued the cause and filed the brief for respondent Cedar Side Inn, Inc.

Janet M. Schroer, Portland, argued the cause for respondents Garold J. Settje and Shirley E. Settje. With her on the brief were Marjorie A. Speirs and Hoffman, Hart & Wagner.

Resubmitted In Banc May 6, 1998.

LANDAU, Judge.

Plaintiff appeals a judgment entered after the trial court granted defendants' motions for summary judgment on plaintiff's claim for damages. We review to determine whether there is a genuine issue of material fact and whether, viewing the evidence and all reasonable inferences in the light most favorable to plaintiff, the non-moving party, defendants are entitled to judgment as a matter of law. ORCP 47 C;

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