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Banister Continental Corp. v. Northwest Pipeline Corp.

Oregon Supreme Court
Sep 16, 1986
301 Or. 763 (Or. 1986)

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. Keisling

Opinion

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.


Summaries of

Banister Continental Corp. v. Northwest Pipeline Corp.

Oregon Supreme Court
Sep 16, 1986
301 Or. 763 (Or. 1986)

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. Keisling

In Banister Continental Corp. v. NW Pipeline Corp., 301 Or. 763, 724 P.2d 822 (1986), we vacated a decision of the Court of Appeals when the case was settled and became moot after argument in this court.

Summary of this case from Ackerley Communications, Inc. v. Mult. Co.

In Banister Continental Corp. v. NW Pipeline Corp., 301 Or. 763, 724 P.2d 822 (1986), we dismissed the "appeal" and vacated the Court of Appeals decision.

Summary of this case from Saechao v. Matsakoun
Case details for

Banister Continental Corp. v. Northwest Pipeline Corp.

Case Details

Full title:BANISTER CONTINENTAL CORPORATION, Respondent on Review, v. NORTHWEST…

Court:Oregon Supreme Court

Date published: Sep 16, 1986

Citations

301 Or. 763 (Or. 1986)
724 P.2d 822

Citing Cases

Ackerley Communications, Inc. v. Mult. Co.

LINDE, J., dissenting. In Banister Continental Corp. v. NW Pipeline Corp., 301 Or. 763, 724 P.2d 822 (1986),…

Saechao v. Matsakoun

LINDE, J., concurring. I agree that the petition for review must be dismissed. I note only that in another…