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ENSLEY v. FITZWATER

No. 77-12-324; CA 19525.

639 P.2d 716 (1982)

55 Or.App. 737

Clifford O. ENSLEY, Appellant, v. W. Dean FITZWATER, Respondent.

Court of Appeals of Oregon.

Decided January 25, 1982.

Attorney(s) appearing for the Case

Gilah Tenenbaum, Portland, argued the cause and filed the brief for appellant.

Nancy S. Tauman, Oregon City, argued the cause for respondent. With her on the brief was Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before JOSEPH, C.J., WARDEN, J., and HOLMAN, Senior Judge.

HOLMAN, Senior Judge.

Plaintiff filed a notice of appeal as follows:

"Plaintiff-Appellant Clifford O. Ensley hereby gives Notice of Appeal from the order granting defendant's motion for summary judgment, dated October 27, 1980, and the order denying plaintiff's motion for rehearing and motion to set aside the order granting defendant's motion for a summary judgment, * * *"

The order of October 27, 1980, which is appealed from, recites as follows...

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