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TAYLOR v. RAMSAY-GERDING CONSTRUCTION CO.

015188; A127434.

234 P.3d 129 (2010)

235 Or. App. 524

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 June 9, 2010.

Attorney(s) appearing for the Case

Todd S. Baran for petition.

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

ORTEGA, J.

Defendant ChemRex seeks reconsideration of our opinion on remand from the Oregon Supreme Court, 233 Or.App. 272, 226 P.3d 45 (2010), in which we affirmed the jury's verdict in favor of plaintiffs on their breach of warranty claim. We allow reconsideration to address two contentions and adhere to our opinion as modified by the following discussion.

Defendant first asks that we...

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