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GENTRY v. BRIAN CLOPTON EXCAVATING, INC.

051213175; A135112.

164 P.3d 1225 (2007)

214 Or. App. 396

Erin GENTRY, Plaintiff-Respondent, v. BRIAN CLOPTON EXCAVATING, INC., an Oregon corporation; and K & D Services of Oregon, Inc., an Oregon corporation, Defendants-Appellants, and Brander Homes, Inc., an Oregon corporation, dba Pioneer Homes, Inc.; AKS Engineering & Forestry, LLC, an Oregon corporation; and Geopacific Engineering, Inc., an Oregon corporation, Defendants.

Court of Appeals of Oregon.

April 17, 2007.

April 19, 2007.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Janet M. Schroer, Portland, and Hoffman, Hart & Wagner, LLP, for appellant Brian Clopton Excavating, Inc.

R. Daniel Lindahl, Portland, and Bullivant Houser Bailey, PC, for appellant K & D Services of Oregon, Inc.

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

On Court's Own Order To Show Cause; Appellant Brian Clopton Excavating, Inc.'s, Response April 5, 2007.

Appellant K & D Services of Oregon, Inc.'s, Response April 17, 2007.

Appellant Brian Clopton Excavating, Inc.'s, supplemental Response April 19, 2007.

PER CURIAM.

Following a jury trial, but before a general judgment was entered, plaintiff moved for a new trial. The trial court granted plaintiff's motion and ordered a new trial. Defendants...

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