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JOSEPH MILL PROPERTY v. S&V PROPERTIES

A161483.

455 P.3d 526 (2019)

301 Or. App. 319

JOSEPH MILL PROPERTY, LLC, an Oregon limited liability company, Plaintiff, v. S&V PROPERTIES, LLC, a California limited liability company, Defendant. S&V Properties, LLC, a California limited liability company, Third-Party Plaintiff-Appellant, v. OfficeMax Incorporated, a Delaware corporation, Third-Party Defendant-Respondent, and James Zacharias, Third-Party Defendant.

Court of Appeals of Oregon.

December 18, 2019.

Attorney(s) appearing for the Case

D. Zachary Hostetter argued the cause for appellant. Also on the briefs were R. Daniel Lindahl , Bullivant Houser Bailey PC, and D. Rahn Hostetter , Hostetter Law Group LLP.

Janet M. Schroer , Portland, argued the cause for respondent. On the brief was Bruno J. Jagelski .

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

Defendant S&V Properties appeals a limited judgment of dismissal, assigning error to the trial court's order granting third-party defendant OfficeMax's motion to dismiss. OfficeMax had granted defendant a license to store mulch on OfficeMax's property, and defendant argues that the trial court incorrectly determined that OfficeMax...

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