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CAMPBELL v. SOUTHLAND CORP.

Nos. 9003-01809; CA A75708.

871 P.2d 487 (1994)

127 Or. App. 93

Darren CAMPBELL and Elizabeth Campbell, Appellants, v. SOUTHLAND CORPORATION, a Texas corporation, Respondent, and Larry Reed, Defendant.

Court of Appeals of Oregon, In Banc.

Resubmitted January 5, 1994.

Decided March 23, 1994.

Attorney(s) appearing for the Case

Roger Tilbury, Portland, argued the cause, for appellants. With him on the briefs were Roch Steinbach, Portland, and William D. Brandt and Ferder, Ogdahl, Brandt & Casebeer, Salem.

Rex Armstrong, Portland, argued the cause, for respondent. With him on the brief were Richard A. Hayden and Bogle & Gates.

Resubmitted In Banc January 5, 1994.

EDMONDS, Judge.

Plaintiffs appeal from a summary judgment entered in favor of defendant.1 ORCP 47C. They make multiple assignments of error. We conclude that the trial court erred in granting summary judgment, in part.

When there is a genuine issue of material fact, summary judgment is precluded. Defendant has the burden to show that no genuine issue of fact exists, even as to issues...

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