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FLEMING COMPANIES, INC. v. HAMILTON

9601-00024, CA A96035.

945 P.2d 588 (1997)

149 Or. App. 760

FLEMING COMPANIES, INC., an Oklahoma corporation, Respondent, v. Brian R. HAMILTON, Ellen R. Charley, in her capacity as Conservator for Brian R. Hamilton, Respondents, and Bernard Henderson, Appellant, and Venture I, Inc., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1997.

Attorney(s) appearing for the Case

Richard L. Grant and Grant & Lenneberg, Portland, for motion.

Robert E. Glasgow and Black Helterline LLP, Portland, contra.

Before LANDAU, P.J., and HASELTON and ARMSTRONG, JJ.

On Motion for Review of Trial Court Ruling Affecting Appeal May 22, 1997.

HASELTON, Judge.

Defendant Henderson1 moves for review of the trial court's order fixing the amount of the undertaking on appeal. ORAP 8.40.2 The court required that the undertaking include both (1) an amount equal to 10 percent of the money judgment appealed, ORS 19.160, as prospective damages for prosecuting an appeal without...

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