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HANSEN v. TREASURE VALLEY COMMUNITY COLLEGE

84-01-19, 312-L, CA A31886.

705 P.2d 764 (1985)

75 Or.App. 324

Steven M. HANSEN, Appellant, v. TREASURE VALLEY COMMUNITY COLLEGE, Robert Smith, and R.W. Luekenga Construction Co., Inc., an Idaho Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 18, 1985.

Attorney(s) appearing for the Case

Wendell Gronso, Burns, argued cause for appellant. On brief were W.D. Cramer, Jr., and Cramer & Pinkerton, Burns.

William C. Tharp, Ontario, argued cause for respondent Treasure Valley Community College. With him on brief was Tharp & Van Atta, Ontario.

Larry Sullivan, Vale, filed brief for respondent Robert J. Smith.

Carl Burnham, Jr., Ontario, argued cause for respondent R.W. Luekenga Construction Co., Inc. On brief were Tim J. Helfrich, and Yturri, Rose, Burnham, Ebert & Bentz, Ontario.

Before RICHARDSON, P.J., and WARREN and YOUNG, JJ.

PER CURIAM.

Plaintiff appeals a judgment dismissing his complaint as to all defendants on the ground that the action was commenced more than ten years after the construction of the facility alleged to have caused the injury. ORS 12.135. He argues that the statutory time limits, as applied, violate Article I, section 10, of the Oregon Constitution and the Fourteenth Amendment to the federal constitution.

Plaintiff's contention that statutes of ultimate repose...

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