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SEMLER v. COOK-WAITE LAB., INC.

203 Or. 139 (1955)

278 P.2d 150

SEMLER v. COOK-WAITE LABORATORIES, INC.

Supreme Court of Oregon.

Reversed December 22, 1954.

Petition for rehearing denied January 19, 1955.

Attorney(s) appearing for the Case

Stewart M. Whipple argued the cause for appellant. On the brief were Easley, Whipple & McCormick and Carl Robert Wells, of Portland.

Stuart W. Hill argued the cause for Respondent. On the brief were Tooze, Kerr, Hill & Tooze, of Portland.

Before LATOURETTE, Chief Justice, and ROSSMAN and PERRY, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiff from an order of the circuit court which, according to its recitals, quashed "the summons in this cause, the service thereof, and the return of the Sheriff with respect thereto, * * *."

The assignment of error reads as follows:

"The Court erred in making and entering its order quashing summons, service and return, which, omitting formal parts, reads:"

At that point the challenged...

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