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ADAMS v. DUNN

No. 75-2302; SC 24702.

587 P.2d 466 (1978)

284 Or. 513

Herald J. ADAMS and Gloria Ann Adams, Personal Representatives of the Estate of Donald Glenn Adams, Respondent, v. Michael R. DUNN and Thomas L. Roe, Petitioners.

Supreme Court of Oregon, In Banc.

Decided December 5, 1978.

Attorney(s) appearing for the Case

Richard Bryson of Bryson & Bryson, and Calkins & Calkins, Eugene, for petitioners.

Scott M. Galenbeck of Lively & Wiswall, Springfield, for respondent.

Before DENECKE, C.J., HOLMAN, TONGUE, HOWELL, BRYSON and LENT, JJ., and GILLETTE, J. Pro Tem.

On respondents' Petition for Rehearing, July 26, 1978.

GILLETTE Justice, Pro Tem.

Defendants, in their petition for rehearing, point out that in our initial opinion, 283 Or. 33, 581 P.2d 939, we erroneously construed the factual content of the record in a way which affects the decision on the merits. Specifically, defendants claim that no affidavit exists in the record which details plaintiffs' post-trial discovery of the...

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