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ALZA CORP. v. LEHMAN DEVELOPMENT CORP.

(CV 970327; CA A100114)

986 P.2d 59 (1999)

162 Or. App. 128

ALZA CORPORATION, an Oregon corporation, Appellant, v. LEHMAN DEVELOPMENT CORPORATION, an Oregon corporation, and Cypress Pointe Capital, an Oregon corporation, and Lehman Hot Springs, Inc., Respondents, v. James B. Griffin, Additional Counterclaim Defendant.

Court of Appeals of Oregon.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Adam L. Dean, Portland, argued the cause and filed the brief for appellant.

Gary E. Enloe, Tigard, argued the cause for respondents Lehman Development Corporation, Cypress Pointe Capital and Lehman Hot Springs, Inc. With him on the brief was Furrer & Scott, LLC.

No appearance for additional counterclaim defendant James B. Griffin.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Plaintiff appeals from the dismissal of its claims resulting from the trial court's grant of defendants' summary judgment motion. ORCP 47. We reverse and remand.

We review the factual record in the light most favorable to plaintiff, the non-moving party in the summary judgment proceeding. See Jones v. General Motors Corp., 325 Or. 404, 420, 939 P.2d 608 (1997). Defendants...

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