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TAYLOR v. RAMSAY-GERDING CONSTRUCTION CO.

015188; A127434.

172 P.3d 251 (2007)

215 Or. App. 670

H.H. TAYLOR, C.A. Taylor, and Taylor & Taylor, Inc., an Oregon corporation, Plaintiffs-Appellants, Cross-Respondents, v. RAMSAY-GERDING CONSTRUCTION COMPANY, an Oregon corporation, Defendant, and Chemrex, Inc., a foreign corporation, Defendant-Respondent, Cross-Appellant. Ramsay-Gerding Construction Company, an Oregon corporation, Third-Party Plaintiff, v. TFC Enterprises, Inc., an Oregon corporation, dba Finishers Drywall; Chemrex, Inc., a foreign corporation; Century West Engineering Corporation, an Oregon corporation; Wyatt Architects and Associates, P.S.; and Donald Trail, Third-Party Defendants.

Court of Appeals of Oregon.

Decided October 31, 2007.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants-cross-respondents. With him on the brief were Stoel Rives LLP, David A. Hilgemann, and Law Offices of David A. Hilgemann, Salem.

Todd S. Baran argued the cause and filed the briefs for respondent-cross-appellant.

Ralph C. Spooner, Salem, Melissa J. Ward, and Spooner & Much, P.C., filed the brief amicus curiae for defendant Ramsay-Gerding Construction Company.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

ORTEGA, J.

Plaintiffs H.H. and C.A. Taylor own a hotel in Lincoln City. Plaintiff Taylor & Taylor Development Company operates the hotel.1 Plaintiffs sued ChemRex, Inc.,2 for breach of warranty based on the alleged failure of an exterior stucco system that was manufactured by ChemRex and installed during construction of the hotel under the supervision of the general contractor on the hotel construction...

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