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WOMER v. MELODY WOODS HOMES CORP.

(C970220CV; CA A101621)

997 P.2d 873 (2000)

165 Or. App. 554

David C. WOMER and Terry L. Womer, Plaintiffs, v. MELODY WOODS HOMES CORPORATION, an Oregon corporation, Defendant. Melody Woods Homes Corporation, an Oregon corporation, Third-Party Plaintiff—Appellant, v. Land Development Consultants, Inc., nka LDC Design Group, Inc., an Oregon corporation, Third-Party Defendant, and Technical Engineering Corporation, an Oregon corporation, Thomas L. Amberg, and Fidelity National Title Company of Oregon, an Oregon corporation, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 23, 2000.

Attorney(s) appearing for the Case

Michael R. Sahagian argued the cause and filed the briefs for appellant.

Brian R. Talcott, Portland, argued the cause for respondents Technical Engineering Corporation and Thomas L. Amberg. On the brief were Frank H. Hilton, Jr., and Dunn, Carney, Allen, Higgins & Tongue.

Mary Ellen Page Farr, Portland, argued the cause for respondent Fidelity National Title Company of Oregon. With her on the brief were Robert E. Kabacy and Kell, Alterman & Runstein, L.L.P.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

Plaintiff homeowners initiated this action against defendant, their builder, alleging negligence and breach of contract arising out of defendant's construction of the home on an existing natural gas easement. Defendant filed third-party claims against Technical Engineering Corporation and its employee, Thomas L. Amberg, for negligently preparing the site survey and against Fidelity National Title Company of Oregon (Fidelity) for failing to ascertain the...

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