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BRITT v. KINZUA CORP.

90-CV-12; CA A75680.

863 P.2d 507 (1993)

124 Or. App. 658

Roger BRITT and Rita Britt, husband and wife, Plaintiffs, v. KINZUA CORPORATION, a Washington corporation, Defendant, KINZUA CORPORATION, a Washington corporation, Third-Party Plaintiff-Appellant, v. Randy BRITT and Sidney Britt, dba Sid Britt Logging, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided November 17, 1993.

Attorney(s) appearing for the Case

Peter R. Chamberlain argued the cause for appellant. With him on the briefs was Bodyfelt Mount Stroup & Chamberlain, Portland.

Janet M. Schroer argued the cause for respondents. With her on the brief were Eli D. Stutsman, John E. Hart and Hoffman, Hart & Wagner, Portland.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

LEESON, Judge.

Third-party plaintiff Kinzua Corporation (Kinzua) appeals a summary judgment dismissing its contract claims against third-party defendant Sid Britt Logging (SBL). We reverse.

Plaintiff Roger Britt (Britt) worked for SBL as a log truck driver delivering logs to Kinzua. He was injured when a log fell as it was being unloaded from his truck at Kinzua's mill. He and his wife brought claims against Kinzua to recover damages arising from that accident...

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