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DIMEO v. GESIK

972918; A119453.

106 P.3d 697 (2005)

197 Or. App. 560

David DIMEO, Respondent, v. Darren B. GESIK, Joseph E. Chrisman, and Bonita Jewell Chrisman, Defendants, and Western Bank, a division of Washington Mutual, Appellant.

Court of Appeals of Oregon.

Petition for Reconsideration December 10, 2004.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Thomas H. Anderson, McMinnville, for petition.

Jonathan M. Radmacher, Portland, for response.

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

On Respondent's Petition for Reconsideration November 29, 2004.

Appellant's Response to Petition for Reconsideration December 10, 2004.

WOLLHEIM, J.

Plaintiff filed a petition for reconsideration, arguing that we made an error of law in stating in dictum that "in evaluating whether a party has an objectively reasonable basis for asserting a claim, the temporal focus should be on the time that the claim is asserted." Dimeo v. Gesik,

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