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WEBBER v. OLSEN

(CC 96-3537-L-I, 94-1788-E-2; CA A98055, A98078; SC S46063).

998 P.2d 666 (2000)

330 Or. 189

Lorene K. WEBBER, as personal representative on behalf of the Estate of Belden R. Webber, deceased, Respondent on Review, v. Georgene A. OLSEN, aka Georgene A. Webber, Petitioner on Review. Lorene K. Webber, fka Lorene K. Piper, Kenneth R. Webber, Stevan G. Webber, Michael T. Webber, Plaintiffs-Appellants, v. Georgene A. Olsen, fka Georgene A. Webber, and Anthem Life Insurance Company, a Texas corporation, Defendants-Respondents.

Supreme Court of Oregon, En Banc.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Timothy E. Brophy, of Brophy, Mills, Schmor, Gerking & Brophy, LLP, Medford, argued the cause for petitioner on review. With him on the brief was Mark Weaver.

Matthew Sutton, of Kellington, Krack, Richmond, Blackhurst & Sutton, LLP, Medford, argued the cause for respondent on review. With him on the brief was Douglas J. Richmond.

LEESON, J.

The issue in this action for breach of contract is whether the trial court erred in granting defendant's motion for summary judgment on plaintiff's claims for breach of an implied duty of good faith and fair dealing and breach of an implied promise to notify in a stipulated decree of dissolution of marriage.1 Defendant moved for summary judgment on various grounds, including that a stipulated judgment is not a contract on which...

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