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GOSS v. WILKINS

31154; CA A37134.

721 P.2d 884 (1986)

80 Or. App. 241

Warren GOSS and Elva Goss, Appellants, v. Leonard WILKINS, Respondent.

Court of Appeals of Oregon.

Decided July 2, 1986.

Reconsideration Denied August 8, 1986.

Review Denied September 23, 1986.

Attorney(s) appearing for the Case

Robert P. Van Natta, St. Helens, argued the cause and filed the brief for appellants.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on brief were Douglas G. Houser, Jeremy E. Zuck and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs commenced this action in circuit court to recover $93,750 in damages for a building which they alleged defendant destroyed by negligently driving a truck into it. Plaintiffs previously had commenced a separate action in district court to recover damages for items of personal property inside the building and destroyed in the same accident. The parties settled the district court action, which was dismissed with prejudice. Defendant moved for...

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