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BONNEVIER v. DAIRY COOP. ASS'N

227 Or. 123 (1961)

361 P.2d 262

BONNEVIER ET UX v. DAIRY COOPERATIVE ASSOCIATION

Supreme Court of Oregon.

Reversed and remanded April 26, 1961.

Attorney(s) appearing for the Case

John C. Anicker, Oregon City, argued the cause for appellants. On the brief were Jack, Goodwin & Santos, Oregon City.

Lofton L. Tatum, Portland, argued the cause for respondent. On the brief were Wood, Matthiessen, Wood & Tatum and Malcolm H. Clark and L. Guy Marshall, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, SLOAN and LUSK, Justices.

REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the plaintiffs, husband and wife, from an order of the circuit court which vacated a judgment in the plaintiffs' favor and ordered a new trial of the action. The vacated judgment, in the sum of $10,000, was based upon a jury's verdict. The challenged order was entered upon the defendant's motion. After the plaintiffs had appealed, the defendant cross appealed from another order of the trial judge which...

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