Jones v. Jaquith

Full title: RON JONES CO., Appellant, v. JAQUITH, et al, Respondents — Cross-Appellants

Court: Oregon Court of Appeals

Date published: Jun 23, 1980

612 P.2d 770 (Or. Ct. App. 1980)

612 P.2d 770

Opinion

No. 107292, CA 14055

On appellant's and respondents — cross-appellants' reconsiderations filed March 26, former opinion filed February 25 ( 44 Or. App. 727, 606 P.2d 1179), appellant's reconsideration is granted, the former dissenting opinion is adopted as the opinion of the court, reversed and remanded for entry of summary judgment for appellant, respondents — cross-appellants' reconsideration denied June 23, 1980

Appeal from Circuit Court, Marion County.

Duane R. Ertsgaard, Judge.

Thomas B. Brand, and Brand, Lee, Ferris Embick, Salem, for appellant's petition.

Valerie J. Vollmar, and Clark, Marsh Lindauer, Salem, for respondents — cross-appellants' petition.

In Banc^_

_ Schwab, C. J., did not participate in this decision.

PER CURIAM

Appellant's petition for reconsideration is granted. The former dissenting opinion is adopted as the opinion of the court. Respondents — cross-appellants' petition for reconsideration is denied. Reversed and remanded for entry of summary judgment for appellant.

Gillette, dissenting opinion.

GILLETTE, J., dissenting.

Because I am still of the view expressed in our original opinion in this case, I respectfully dissent.

Roberts, J., joins in this dissent.