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BRUNER v. CASCADE WESTERN CORP.

83-4497-J-1; CA A40419.

746 P.2d 231 (1987)

88 Or.App. 501

Gary BRUNER, Appellant, Ingrid Bruner, Plaintiff, v. CASCADE WESTERN CORPORATION, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1987.

Reconsideration Denied January 29, 1988.

Review Denied February 17, 1988.

Attorney(s) appearing for the Case

Sandra Sawyer, Medford, argued the cause for appellant. With her on the briefs was Grant, Ferguson, Carter, P.C., Medford.

David Gernant, Portland, argued the cause for respondent. With him on the brief was Kent C. Whitaker, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Gary Bruner (plaintiff) appeals the dismissal of his personal injury complaint under ORCP 54 B(1). He argues that the dismissal resulted from miscommunication between his Oregon and Washington attorneys, mistake and excusable neglect. We find no abuse of discretion and affirm.

Plaintiff was allegedly injured in the swimming pool at the Holiday Inn in Medford on December 23, 1981. That...

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