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DELANEY v. GEORGIA-PACIFIC CORP.

MCC No. 422-128; CA No. 11093.

601 P.2d 475 (1979)

42 Or.App. 439

Robert L. DELANEY, Donald L. Delaney, Mid State Development Corporation, a Montana Corporation, and Rocky Mountain Timber Corporation, an Oregon Corporation, for Itself and On Behalf of Montana Pacific International, a Montana Corporation, Respondents-Cross-Appellants, v. GEORGIA-PACIFIC CORPORATION, a Georgia Corporation, O.P.M. Co., Inc., an Oregon Corporation, and Montana Pacific International, a Montana Corporation, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Norman J. Wiener, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Peter C. Richter, James N. Westwood, and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Barnes H. Ellis, Portland, argued the cause for respondents-cross-appellants. With him on the briefs was Karen K. Creason, Portland.

Before SCHWAB, C.J., and THORNTON, LEE and GILLETTE, JJ.

GILLETTE, Judge.

This case is on appeal for the second time. In its opinion in the first appeal, Delaney v. Georgia-Pacific Corp., 278 Or. 305, 307-309, 564 P.2d 277 (1977), the Supreme Court described the factual background as follows:

"Montana Pacific International (MPI) is a corporation formed to carry out a joint venture. One half of its stock was subscribed to by Montana Lumber...

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