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MARTON v. ATER CONST. CO., LLC

060910333; A148407.

302 P.3d 1198 (2013)

256 Or. App. 554

Keith MARTON and Rebecca Murphy, Plaintiffs, v. ATER CONSTRUCTION COMPANY, LLC, an Oregon limited liability company; et al., Defendants. Ater Construction Company, LLC, an Oregon limited liability company, Third-Party Plaintiff-Appellant, v. Marvin Windows, Inc., a Minnesota corporation, dba Marvin Windows and Doors; and Medallion Industries, Inc, an Oregon corporation, Third-Party Defendants-Respondents, and Platinum Construction, Inc., an Oregon corporation; et al., Third-Party Defendants.

Court of Appeals of Oregon.

Decided May 15, 2013.

Attorney(s) appearing for the Case

Peter J. Viteznik , Portland, argued the cause for appellant. With him on the briefs was Kilmer, Voorhees & Laurick, P.C.

Thomas H. Boyd argued the cause for respondents. On the briefs were Jay W. Beattie and Lindsay, Hart, Neil & Weigler, LLP.

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

SCHUMAN, P.J.

This case arises out of construction defects in plaintiffs' home. Plaintiffs sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn, filed a third-party complaint against a number of its subcontractors and suppliers, including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the home, and Medallion Industries, Inc. (Medallion), the windows distributor. Ater and plaintiffs eventually elected to enter into...

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