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HALPERIN v. PITTS

C064436CV; A139639.

250 P.3d 402 (2011)

241 Or. App. 249

Eric HALPERIN and Beatrice H. Michel, Plaintiffs-Respondents, v. Ray PITTS and Joyce Pitts, Defendants-Appellants. Ray Pitts and Joyce Pitts, Counterclaim Plaintiffs, v. Eric Halperin and Beatrice H. Michel, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Michael J. Morris , Portland, argued the cause for appellants. With him on the briefs was Bennett, Hartman, Morris & Kaplan, LLP.

Peggy Hennessy , Portland, argued the cause for respondents. With her on the brief was Reeves, Kahn & Hennessy.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

Defendants appeal a judgment quieting title to a disputed strip of land in plaintiffs and dismissing defendants' trespass counterclaim, raising five assignments of error. We write to address only one of defendants' assignments of error—viz., that the trial court erred in dismissing defendants' counterclaim for trespass against plaintiff Michel on the ground that her intrusion onto defendants' land was so trivial that she could not be liable...

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