Summary
In Banister Continental Corp. v. NW Pipeline Corp., 301 Or. 763, 724 P.2d 822 (1986), this court vacated the decision of the Court of Appeals and dismissed the appeal when, after argument of the case before this court, the parties reached a settlement agreement.
Summary of this case from Lowe v. KeislingOpinion
TC 81-6-745; CA A28212; SC S32416
Argued and submitted June 4, 1986
Court of Appeals vacated and appeal dismissed September 16, 1986
On review from the Court of Appeals.
Appeal from judgment of Circuit Court, Umatilla County, William W. Wells, Judge. 76 Or. App. 282, 709 P.2d 1103 (1985).
James H. Clarke, Portland, argued the cause for petitioner on review. With him on the petition was Spears, Lubersky, Campbell, Bledsoe, Anderson Young.
Arden E. Shenker, Portland, argued the cause for respondent on review. With him on the response to the petition for review were Elizabeth A. Trainor and Tooze, Marshall, Shenker, Holloway Duden and Robert T. Mautz and Mautz Hallman.TXPA Before Lent, Presiding Justice, and Linde, Campbell, Carson and Jones, Justices.
MEMORANDUM OPINION
Decision of the Court of Appeals vacated and appeal dismissed.
Defendant appealed an adverse judgment in a contract dispute, raising 54 assignments of error. Plaintiff cross-appealed. The Court of Appeals affirmed, Banister Continental Corp. v. NW Pipeline Corp., 76 Or. App. 282, 709 P.2d 1103 (1985). Both defendant and plaintiff petitioned for review. We allowed review.
After argument of this case, the parties reached a settlement agreement, filed a stipulation for dismissal of the review and caused a satisfaction of the original judgment to be filed in the circuit court.
Without expressing an opinion on the merits of this case, we vacate the decision of the Court of Appeals and dismiss the appeal.