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DeMENDOZA v. HUFFMAN

(CV 95-3071-PA; SC S48430).

51 P.3d 1232 (2002)

334 Or. 425

Frank Leon DeMENDOZA and Javier Mendoza, Plaintiffs, v. Bruce HUFFMAN, William Huffman, and Evelene Huffman, Defendants, and State of Oregon, Intervenor-Defendant.

Supreme Court of Oregon, En Banc.

Decided August 8, 2002.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the brief for plaintiffs. With her on the brief was David V. Gilstrap, of Davis, Gilstrap, Hearn, Shaw, & Saladoff, Ashland.

No appearance for defendants.

Mary H. Williams, Assistant Solicitor General, Salem, argued the cause and filed the brief for intervenor-defendant. With her on the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Julie A. Smith, Assistant Attorney General.

Charles J. Merten, Beaverton, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Elizabeth A. Earls, of Associated Oregon Industries, Salem, filed the brief for amicus curiae Associated Oregon Industries.

BALMER, J.

This case is before the court on certified questions of Oregon law from the United States District Court for the District of Oregon under ORS 28.200 et seq. and ORAP 12.20. See generally Western Helicopter Services v. Rogerson Aircraft, 311 Or. 361, 811 P.2d 627 (1991) (discussing factors court considers in exercising discretion to accept certified questions). The certified...

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