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WESTAR ELECTRIC v. WESTAR ACQUISITION

9901-00193; A109590

33 P.3d 718 (2001)

177 Or. App. 174

WESTAR ELECTRIC COMPANY, an Oregon corporation, nka Wec Assets, Inc., Respondent, v. WESTAR ACQUISITION CORP., an Oregon corporation, nka Westar Dissolution Corp., Appellant.

Court of Appeals of Oregon.

Decided October 10, 2001.

Attorney(s) appearing for the Case

Robert L. Aldisert, Portland, argued the cause for appellant. With him on the briefs were Paul T. Fortino, Erick J. Haynie, and Perkins Coie LLP.

Jeffrey M. Batchelor, Portland, argued the cause for respondent. With him on the brief were David B. Markowitz and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

BREWER, J.

In this breach of contract action involving the sale of a business, defendant appeals from a judgment denying its motion for summary judgment and granting plaintiff's motion for summary judgment. The issues on appeal involve the application of established principles of contract interpretation. We review the summary judgment record to determine whether there is any genuine issue of material fact and whether either party was entitled to judgment as a matter...

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