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HOLBROOK v. PRECISION HELICOPTERS, INC.

(C960901CV; CA A101002)

986 P.2d 646 (1999)

162 Or. App. 538

William HOLBROOK and Linda Holbrook, dba Grand and Noble, a Partnership, Respondents, Larry Hilton, Intervenor-Respondent, v. PRECISION HELICOPTERS, INC., Appellant. Precision Helicopters, Inc., Third-Party Plaintiff, v. Gowan Company, L.L.C., Third-Party Defendant.

Court of Appeals of Oregon.

Decided September 15, 1999.

Attorney(s) appearing for the Case

Robert J. Ericsson, Portland, argued the cause for appellant. With him on the brief was Ericsson Ridgeway, P.C.

Patty Rissberger, Portland, argued the cause for respondents. On the brief were Leonard D. DuBoff and DuBoff & Ross.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, Philip Schradle, Assistant Attorney General, and Janet L. Prewitt, Assistant Attorney General, filed a brief amicus curiae for Oregon Department of Agriculture.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Defendant, Precision Helicopters, Inc., appeals from a judgment entered in favor of plaintiffs in this action for damages incurred when defendant sprayed plaintiffs' Christmas tree crop with a pesticide. Defendant's primary assignment of error challenges the trial court's conclusion that ORS 634.172(3) does not prohibit the admission of evidence regarding the Oregon Department of Agriculture's (ODA) determination of the source and cause of crop damage....

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