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MOORE EXCAVATING, INC. v. CONSOL. SUPPLY CO.

9906-05896; A112636.

63 P.3d 592 (2003)

186 Or. App. 324

MOORE EXCAVATING, INC., an Oregon corporation, Appellant, v. CONSOLIDATED SUPPLY CO., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided February 12, 2003.

Attorney(s) appearing for the Case

Thomas W. Brown, Portland, argued the cause for appellant. With him on the briefs were Christine Coers-Mitchell and Cosgrave, Vergeer & Kester LLP.

Thomas W. Sondag, Portland, argued the cause for respondent. With him on the brief was Lane Powell Spears Lubersky LLP.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Plaintiff Moore Excavating, Inc., brought this action seeking common-law indemnity and damages for negligence from defendant Consolidated Supply Co. The trial court granted defendant's motion for summary judgment on both claims and entered judgment for defendant. Plaintiff's appeal requires us to resolve two unrelated issues. The first is whether the discharge element of the claim for common-law indemnity can be satisfied based on plaintiff's settlement...

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