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DUBRY v. SAFEWAY STORES

82-51-J-3; CA A28261.

689 P.2d 319 (1984)

70 Or.App. 183

Mark A. DUBRY, Appellant, v. SAFEWAY STORES, Inc., a Maryland Corporation, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted July 11, 1984.

Decided October 10, 1984.

Reconsideration Denied December 14, 1984.

Review Denied January 8, 1985.

Attorney(s) appearing for the Case

Jerry E. Gastineau, Medford, argued the cause and filed the brief for appellant.

Robert L. Cowling, Medford, argued the cause for respondent. With him on the brief was Cowling & Heysell, Medford.

Resubmitted In Banc July 11, 1984.

RICHARDSON, Judge.

In this personal injury action, plaintiff alleged that he slipped on foreign material on the floor of defendant's grocery store and fell. The court granted defendant's motion for summary judgment. Plaintiff appeals, and we affirm.

Plaintiff alleged that defendant was negligent in one or more of the following particulars:

"a. That Defendant or its agents placed the foreign material on the...

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