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SPLINTERS, INC. v. ANDERSEN/WEITZ

CCV0111286; A119417.

87 P.3d 689 (2004)

192 Or. App. 632

SPLINTERS, INC., a Maryland corporation, Appellant-Cross-Respondent, v. ANDERSEN/WEITZ, a Joint Venture; Travelers Casualty and Surety Company of America, a Connecticut corporation; Reliance Insurance Company, a New York corporation; and Federal Insurance Company, Respondents-Cross-Appellants-Second Cross-Respondents. Andersen/Weitz, a Joint Venture, Cross-Appellant-Second Cross-Respondent, v. Evergreen National Indemnity Company, a foreign corporation, Cross-Respondent-Second Cross-Appellant.

Court of Appeals of Oregon.

Decided April 7, 2004.

Attorney(s) appearing for the Case

Heather McNamee argued the cause for appellant-cross-respondent. With her on the briefs were Joseph A. Yazbeck, Portland, and Yazbeck Cloran & Hanson, LLC.

Elizabeth Yeats, Portland, argued the cause for respondents-cross-appellants With her on the briefs was Seifer, Yeats, Mills & Zwierzynski, LLP.

Robert B. Coleman argued the cause for cross-respondent-second cross-appellant. With him on the briefs were Jan D. Sokol, Portland, and Stewart Sokol & Gray, LLC.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

EDMONDS, P.J.

This case involves disputes between a general contractor and a subcontractor regarding construction work done at Mary's Woods at Marylhurst, a continuing care retirement community. The trial court granted summary judgment on all claims, counterclaims, and third-party claims under ORCP 47 C, effectively dismissing every party's claim now on appeal to this court. Plaintiff/third-party defendant Splinters, Inc. (Splinters) and its surety, third-party defendant...

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