BENCHMARK PROPERTIES v. HIPOLITO

(97F915611; CA A101041)

984 P.2d 927 (1999)

161 Or. App. 598

BENCHMARK PROPERTIES, Respondent, v. Alan HIPOLITO and Lisa Hipolito, Appellants.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Ann B. Witte argued the cause and filed the briefs for appellants.

Stephen L. Madkour, Portland, argued the cause for respondent. On the brief was Smith, Freed, Heald & Chock, P.C.

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


KISTLER, J.

Defendants appeal from a judgment granting plaintiff possession of a rental house because of defendants' failure to pay rent and denying defendants' counterclaim for damages for habitability violations and retaliation for exercising their rights under the Residential Landlord and Tenant Act. The dispositive issue is the court's action in quashing subpoenas requiring the attendance and testimony of the Ritchies, the owners of the corporate plaintiff. We...

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