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D & L EXCAVATING & TRUCKING v. EDEN GATE

CV98262; A124130.

144 P.3d 999 (2006)

208 Or. App. 98

D & L EXCAVATING & TRUCKING, INC., Appellant, v. EDEN GATE, INC., Respondent, and Suzanne R. Hurford, Carolyn J. Hurford, The Commercial Bank, and Chiu Wing Tom aka Harvey Tom, Defendants.

Court of Appeals of Oregon.

Decided September 27, 2006.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Beaverton, argued the cause for appellant. With her on the briefs was Case & Dusterhoff, LLP.

Christopher A. Rycewicz argued the cause for respondent. On the brief were Brian D. Chenoweth and Rycewicz & Chenoweth, LLP, Portland.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

EDMONDS, P.J.

This case is before this court for a second time. In Eden Gate, Inc. v. D&L Excavating Trucking, Inc., 178 Or.App. 610, 37 P.3d 233 (2002) ("Eden Gate I"), we remanded this case to the Yamhill County Circuit Court for further proceedings after determining that the court had improperly granted summary judgment to defendant Eden Gate, Inc. (Eden Gate). On remand,...

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