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BRAY v. AMERICAN PROPERTY MANAGEMENT CORP.

(9504-02768; CA A93122)

988 P.2d 933 (1999)

164 Or. App. 134

Judy M. BRAY, Personal Representative for the Estate of Roy William Bray, Respondent—Cross-Appellant, v. AMERICAN PROPERTY MANAGEMENT CORP., an Oregon corporation, Appellant—Cross-Respondent, and Joseph E. Weston, Marilyn Weston and American Property Management Corp., a general partnership doing business as Weston Investment Co., Defendants.

Court of Appeals of Oregon.

Decided November 10, 1999.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, and Mitchell, Lang & Smith for appellant-cross-respondent.

Dennis H. Elliott, Portland, and Elliott & Park for respondent-cross-appellant.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

HASELTON, J.

This wrongful death case is before us on remand, Bray v. American Property Management Corp., 329 Or. 317, 984 P.2d 854 (1999), following the Supreme Court's decisions in Fearing v. Bucher, 328 Or. 367, 977 P.2d 1163 (1999), and Lourim v. Swensen, 328 Or. 380,

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