GRAHAM v. STATE

(960402643; CA A98402)

995 P.2d 1167 (2000)

164 Or. App. 747

Leo G. GRAHAM and A. Jane Graham, individuals and Leo G. Graham and A. Jane Graham, dba Gramark Co., Appellants, v. STATE of Oregon, City of Portland, a municipal corporation, Mocon Corporation, an Oregon corporation, F.E. Ward, Inc., a Washington corporation, Robert A. Hatch, an individual, and N-B Hatch Co., an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided January 5, 2000.


Attorney(s) appearing for the Case

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for appellants.

Peter A. Kasting, Senior Deputy City Attorney, argued the cause and filed the brief for respondents City of Portland and State of Oregon.

Levi J. Smith, Portland, argued the cause and filed the brief for respondents Mocon Corporation, Robert A. Hatch and N-B Hatch Co.

Richard Cohn-Lee, Portland, argued the cause for respondent F.E. Ward, Inc., With him on the brief were Richard S. Gleason and Stoel Rives LLP.

Before De MUNIZ, Presiding Judge, and HASELTON, Judge, and WOLLHEIM, Judge.


WOLLHEIM, J.

Plaintiffs Leo and Jane Graham and Gramark Company appeal the trial court's judgment in favor of defendants, assigning error to the trial court's order granting defendants' motions for summary judgment. Plaintiffs alleged that defendants were responsible for hydrocarbon contamination of their property as a result of defendants' use of plaintiffs' property during a road construction project. The trial court held that the record contained no evidence that...

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