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PERMAPOST PRODUCTS CO. v. OSMOSE, INC.

0202-01595; A123578.

116 P.3d 909 (2005)

200 Or. App. 699

PERMAPOST PRODUCTS COMPANY, an Oregon corporation, Appellant-Cross-Respondent, v. OSMOSE, INC., fka Osmose Wood Preserving, Inc., a New York corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided July 27, 2005.

Attorney(s) appearing for the Case

William F. Knowles argued the cause for appellant-cross-respondent. With him on the briefs were Christopher L. Neal and Cozen O'Connor, Seattle.

James E. Mountain, Portland, argued the cause for respondent-cross-appellant. With him on the brief were Frank A. Moscato, Andrea M. Davis, and Harrang Long Gary Rudnick, P.C.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

ARMSTRONG, P.J.

Plaintiff appeals a judgment dismissing its breach of warranty claims. Plaintiff alleged that a wood preservative that it had purchased from defendant was defective and sought to recover damages that it had incurred in defending and settling a lawsuit brought against it by a homeowner whose house was constructed using lumber treated by plaintiff with the wood preservative. On summary judgment, the trial court held that plaintiff's claims were barred...

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