Opinion
No. 33303, CA 16787
Argued and submitted August 1, 1980
Reversed and remanded August 25, 1980 Reconsideration denied October 2, 1980 Petition for review allowed October 14, 1980 Petition for review dismissed by stipulation of the parties December 9, 1980
Appeal from Circuit Court, Yamhill County.
Kurt C. Rossman, Judge.
Argued and submitted August 1, 1980.
C. David Hall, Portland, argued the cause for appellant. With him on the brief was Rask Hefferin, Portland.
Gary A. Rueter, McMinnville, argued the cause for respondents. With him on the brief was Marsh, Marsh, Haugeberg Rueter, P.C., McMinnville.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Reversed and remanded.
Following our original decision in this case, 39 Or. App. 743, 593 P.2d 1231 (1979), the Supreme Court granted review. 286 Or. 745 (1979). On its own motion that court determined that this court had no jurisdiction of the cause because no judgment had been entered in the trial court consequent on its sustaining the defendants' demurrer. The case was remanded to the circuit court for further proceedings. 287 Or. 709, 601 P.2d 1254 (1979). On January 29, a judgment order was entered on the demurrer in the circuit court, and plaintiff filed a notice of appeal. We now adopt our former opinion as the opinion on this appeal.
Reversed and remanded.