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BUSH v. PARAGON PROPERTY, INC.

(98-11-07834; CA A107143)

997 P.2d 882 (2000)

165 Or. App. 700

David P. BUSH and Susanne Bush, Respondents, v. PARAGON PROPERTY, INC., an Oregon corporation, Garth C. Everhart and Tad Everhart, Appellants.

Court of Appeals of Oregon, En Banc.

Resubmitted January 13, 2000.

Decided March 1, 2000.

Attorney(s) appearing for the Case

Paul Eberhardt and Lawrence Schuck of Smith, Freed, Heald & Chock, P.C., Portland, filed a motion on behalf of appellants to stay the trial court proceedings pending appeal. R. Daniel Lindahl, Paul S. Bierly and Bullivant Houser Bailey filed a supplement memorandum on behalf of appellants.

Patricia Ferrell-French, West Linn, filed motions on behalf of respondents for summary determination of appealability, to dimiss, and for attorney fees and costs and filed a supplemental memorandum.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc January 13, 2000.

ARMSTRONG, J.

This case involves a dispute between plaintiffs, the buyers of a new home, and defendants, the builders and sellers, concerning the condition of the home. Plaintiffs seek damages for defects in the home on various theories; in the alternative, they seek to rescind the purchase. In the trial court, defendants moved to compel arbitration under provisions of the parties' earnest money agreement and to abate...

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