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SOREN-HODGES v. BLAZER HOMES, INC.

CCV 00-11-272; A116294.

129 P.3d 196 (2006)

204 Or. App. 86

Bradley J. Hodges and Sharyl SOREN-HODGES, Appellants, v. BLAZER HOMES, INC., Respondent, and Dryvit Systems, Inc., a Rhode Island corporation; George Skorpil, an individual, dba G & S Construction and dba Alpine Plastering; and Haltiner Sheet Metal, Inc., an Oregon corporation, Defendants. Blazer Homes, Inc., Third-Party Plaintiff, v. Anderson Roofing Co., Inc., an Oregon corporation; Dryvit Systems, Inc. a Rhode Island corporation; G & S Construction, dba Alpine Plastering, an Oregon corporation; Haltiner Sheet Metal, Inc., an Oregon corporation; Mark Hamm, an individual; Manufacturing, Inc., an Oregon corporation; and Rich Walton & Associates, an Oregon corporation, Third-Party Defendants.

Court of Appeals of Oregon.

Decided February 1, 2006.

Attorney(s) appearing for the Case

Lindsey H. Hughes, Portland, argued the cause for appellants. With her on the briefs was Keating Jones Bildstein & Hughes PC.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Peter J. Viteznik, Portland, and Bullivant Houser Bailey PC.

Before EDMONDS, Presiding Judge, and SCHUMAN, Judge, and WALLACE, Judge pro tempore.

SCHUMAN, J.

In this negligence action, the trial court granted summary judgment to defendant Blazer Homes, Inc. (Blazer),1 concluding that plaintiffs' action seeking damages for Blazer's allegedly substandard construction of their home was barred by claim preclusion because plaintiffs had already brought an earlier action against Blazer for breach of contract stemming from the same construction...

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