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MOUNT JOSEPH CATTLE CO. v. MAKIN FARMS

97-03-11143; A106612

42 P.3d 331 (2002)

180 Or. App. 27

MOUNT JOSEPH CATTLE COMPANY, INC., and Buhler Ranch Partnership, an Oregon Limited Partnership, Respondents, v. MAKIN FARMS, INC., an Oregon corporation, Appellant. Makin Farms, Inc., an Oregon corporation, Counterclaim Plaintiff, v. Mount Joseph Cattle Company, Inc., and Buhler Ranch Partnership, an Oregon Limited Partnership, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided March 13, 2002.

Attorney(s) appearing for the Case

Lindsey H. Hughes, Portland, argued the cause for appellant. With her on the briefs was Keating Jones Bildstein & Hughes, P.C.

Raymond S. Baum, La Grande, argued the cause for respondents. With him on the brief were Julie E. Smith and Mautz Baum & O'Hanlon, LLP.

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

LANDAU, P.J.

Defendant appeals a summary judgment dismissing its counterclaims for misrepresentation, rescission, and restitution. Its principal contention on appeal is that genuine issues of material fact preclude entry of summary judgment. It also contends that the trial court erred in denying its motion to add two other counterclaims. We conclude that the trial court erred in entering summary judgment but that it did not abuse its discretion in denying the motion...

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