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ESTEY v. MacKENZIE ENGINEERING INC.

CC 9212-08572; CA A82218; SC S42716.

927 P.2d 86 (1996)

324 Or. 372

Richard Craig ESTEY, Petitioner on Review, v. MacKENZIE ENGINEERING INCORPORATED, an Oregon corporation; and Leonard Krombein, an individual, Respondents on Review.

Supreme Court of Oregon.

Decided November 29, 1996.

Reconsideration Allowed February 4, 1997.

Attorney(s) appearing for the Case

Charles F. Hinkle, of Stoel Rives LLP, Portland, argued the cause and filed the briefs for petitioner on review.

Karen O'Kasey, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the brief for respondents on review.

Phil Goldsmith, Portland, and Kevin Milton Myles, of Myles & Myles, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., GILLETTE, VAN HOOMISSEN, FADELEY, and DURHAM, JJ.

VAN HOOMISSEN, Justice.

Plaintiff appeals a Court of Appeals' decision affirming a circuit court's grant of summary judgment in favor of defendants on plaintiff's claims for negligence, negligent misrepresentation, and breach of contract. Estey v. MacKenzie Engineering Inc., 137 Or.App. 1, 902 P.2d 1220 (1995). The dispositive issue is whether a clause in the parties' contract limiting...

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