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MILNE v. MILNE CONSTRUCTION CO.

0306-06303, A125253.

142 P.3d 475 (2006)

207 Or. App. 382

James C. MILNE, an individual, Appellant, v. MILNE CONSTRUCTION COMPANY, a Louisiana corporation, and Louis A. Bortolin, an individual, Respondents.

Court of Appeals of Oregon.

Decided August 23, 2006.

Attorney(s) appearing for the Case

Mario Madden argued the cause for appellant. On the briefs were John G. Crawford, Jr., Portland, and David G. Fagan.

Eli D. Stutsman, Portland, argued the cause for respondents. With him on the joint brief were Eli D. Stutsman A Professional Corporation and James E. Bartels and Meyer & Wyse LLP.

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

ARMSTRONG, J.

Plaintiff appeals a judgment for defendants in a contract action. He assigns error to the trial court's grant of summary judgment to defendants based on its conclusion that the parties' contract was unambiguous. We conclude that the disputed contract term is ambiguous and that there is a genuine issue of material fact about its meaning. Hence, the trial court erred in granting summary judgment to defendants. We reverse.

In an appeal of a summary...

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