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McFADDEN v. DRYVIT SYSTEMS, INC.

(USDC CV-04-103-HA; SC S51901).

112 P.3d 1191 (2005)

338 Or. 528

Dixie McFADDEN; Gregory W. Byrne; and Debra D. Byrne, Plaintiffs, v. DRYVIT SYSTEMS, INC., a Rhode Island corporation, Defendant.

Supreme Court of Oregon, En Banc.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Gregory W. Byrne, Portland, argued the cause and filed the brief for plaintiffs.

Kenneth Hobbs, of Stafford Frey Cooper, Seattle, Washington, argued the cause and filed the brief for defendant.

Peter R. Chamberlain, of Bodyfelt Mount Stroup & Chamberlain LLP, Portland, filed a brief for amicus curiae DaimlerChrysler Corporation.

GILLETTE, J.

This case presents a question of law certified to this court by the United States District Court for the District of Oregon. See generally ORS 28.200 to 28.255; Western Helicopter Services v. Rogerson Aircraft, 311 Or. 361, 364-71, 811 P.2d 627 (1991) (setting out and explaining certification process). The certified question asks whether a 2003 amendment to ORS 30.905, which...

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