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GIULIETTI v. ONCOLOGY ASSOCIATES OF OREGON

16-00-08662; A111414

36 P.3d 510 (2001)

178 Or. App. 260

James GIULIETTI, Personal Representative of the Estate of Joyce Giulietti, Appellant, v. ONCOLOGY ASSOCIATES OF OREGON, P.C., individually and dba Willamette Valley Cancer Center, and Gary L. Lee, M.D., Respondents.

Court of Appeals of Oregon.

Decided December 5, 2001.

Attorney(s) appearing for the Case

Ron D. Ferguson, Tualatin, argued the cause and filed the briefs for appellant.

Lindsey Hughes, Portland, argued the cause for respondents. On the brief were Richard A. Roseta, Thomas A. Ped, and Brown, Roseta, Long, McConville, Kilcullen & Carlson, Eugene.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

EDMONDS, P.J.

Plaintiff appeals after the trial court granted defendants' ORCP 21 A motion and dismissed his medical malpractice action on the ground that it was not brought within the statute of limitations. Plaintiff contends that defendants' failure to comply with UTCR 5.010(1), requiring a moving party to confer with the opposing party before filing a motion, should have resulted in the denial of defendants' motion. Alternatively, he contends that the action was...

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