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BAUGH v. BRYANT LIMITED PARTNERSHIPS

86-1-357; CA A48114.

803 P.2d 742 (1990)

104 Or. App. 665

Robert H. BAUGH, Nick N. Westlund, William P. Dorsey and Jean Patterson as Executrix of the Estate of Harlan W. Patterson, individually, Appellants— Cross-Respondents, and Does One through Thirty, inclusive, Appellants, v. BRYANT LIMITED PARTNERSHIPS I THROUGH XV, David L. Bryant, Hillshire Trusts I through XV and Does One through Forty-Five, Respondents —Cross-Appellants, and Pacific Northwest Trust Co., Respondent.

Court of Appeals of Oregon, En Banc.

December 19, 1990.

Attorney(s) appearing for the Case

John C. Caldwell, and Hibbard, Caldwell, Bowerman & Schultz, Oregon City, for petition.

David C. Force, and Vick & Gutzler, Salem, appeared contra.

JOSEPH, Chief Judge.

Plaintiffs Baugh, Westlund, Dorsey and Patterson petition for reconsideration of an order dismissing their appeal for failure to file a timely notice of appeal from an amended judgment entered pursuant to ORS 19.033(4).

We determined that the original appeal and cross-appeal in this case were defective, because the judgment from which the appeal was taken did not dispose of certain counterclaims asserted by defendants in their answer to...

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