JELD-WEN, INC. v. PACIFICORP

0705144CV; A139947.

245 P.3d 685 (2010)

240 Or. App. 124

JELD-WEN, INC., an Oregon corporation, in its corporate capacity and as assignee of the interests of the Geary Family Trust, et al.; and Running y Resort, Inc., an Oregon corporation, Plaintiffs-Respondents, v. PACIFICORP, an Oregon corporation, successor in interest to Pacific Power & Light, a merged Oregon corporation; and PacifiCorp Energy, an assumed business name of PacifiCorp, Defendants-Appellants, and Ron McGill, individually; Ann McGill, individually; McGill Farms, Inc., an Oregon corporation; Richard Geary; Alice Geary Kilham; Edward Geary Kilham; Nancy Elizabeth Kilham; Susan Geary Boehner; John I. Yellott, Jr., Trustee of the John and Dorothea G. Yellott Trust; Dorothea G. Yellott, Trustee of the John and Dorothea G. Yellott Trust; Edward A. Geary Intervivos Trust, individually and dba Caledonia Ranch, Defendants.

Court of Appeals of Oregon.

Decided December 29, 2010.


Attorney(s) appearing for the Case

Bruce L. Campbell , Portland, argued the cause for appellants. With him on the briefs was Miller Nash LLP.

Richard N. Sieving argued the cause for respondents. With him on the brief were The Sieving Law Firm, A.P.C., Timothy C. Gerking , and Brophy, Mills, Schmor, Gerking, Brophy & Paradis, LLP.

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


WOLLHEIM, J.

Defendant PacifiCorp appeals a trial court order denying its motion to compel arbitration of plaintiff Jeld-Wen's claims against PacifiCorp for damages. See ORS 36.730 (granting right to appeal). PacifiCorp's and Jeld-Wen's predecessors in interest entered into a stipulation in 1920 (1920 stipulation), which included an agreement to arbitrate any claims for damages. Because Oregon's arbitration act unambiguously...

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