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POLLOCK v. D.R. HORTON, INC.-PORTLAND

9903-02825; A110606.

77 P.3d 1120 (2003)

190 Or. App. 1

Roger M. POLLOCK and RMP Properties, Inc., nka KMP Properties, Inc., an Oregon corporation, Appellants, v. D.R. HORTON, INC.-PORTLAND, a Delaware corporation, and D.R. Horton, Inc., a Delaware corporation, Respondents.

Court of Appeals of Oregon.

Decided October 15, 2003.

Attorney(s) appearing for the Case

Gary M. Berne, Portland, argued the cause for appellants. With him on the briefs were David F. Rees, and Stoll Stoll Berne Lokting & Shlachter, P.C.

Peter H. Glade, Portland, argued the cause for respondents. With him on the brief were Paul Bierly and Markowitz, Herbold, Glade & Mehlhaf, P.C.

Before WOLLHEIM, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.

DEITS, C.J.

Plaintiffs appeal a judgment entered after the trial court's grant of summary judgment to defendants on plaintiffs' claims for breach of contract and on defendants' counterclaims for breach of fiduciary duty, restitution, and breach of contract. We reverse.

Because the trial court granted defendants' motions for summary judgment, we state the facts in the record most favorably to plaintiffs, including drawing all reasonable inferences in their...

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