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SELLS v. BLAZER HOMES, INC.

0209-09448; A123986.

124 P.3d 1249 (2005)

203 Or. App. 317

Wayne SELLS and Beth Ann Riley, Plaintiffs, v. BLAZER HOMES, INC., an Oregon corporation, Defendant. Blazer Homes, Inc., an Oregon corporation, Appellant, v. Dryvit Systems, Inc., a Rhode Island corporation; G & S Construction, dba Alpine Plastering; Haltiner Sheetmetal, Inc., an Oregon corporation; Northwest Shake Tile, Inc., an Oregon corporation; Tom Whelchel Construction, Inc., an Oregon corporation; Cliff Hoyt Concrete; Spectra Caulking, an Oregon corporation; and Estate of George Skorpil, Third-Party Defendants, and Kouba Construction, Inc., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Lisa E. Lear, Portland, argued the cause for appellant. With her on the briefs were Peter J. Viteznik, Timothy J. Calderbank, and Bullivant Houser Bailey PC.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the briefs were Cecil Reniche-Smith and Hoffman, Hart & Wagner, LLP.

Before LANDAU, Presiding Judge, and WOLLHEIM and ROSENBLUM, Judges.

PER CURIAM.

Plaintiffs initiated this action against defendant Blazer Homes, Inc., alleging faulty construction of plaintiffs' home. Blazer initiated a third-party action against Kouba, one of its subcontractors, for indemnification and contribution "to the extent third-party plaintiff Blazer is found liable to plaintiffs[.]" The trial court granted Kouba's motion for summary judgment and entered a limited judgment in favor of Kouba on the third-party claim. Blazer...

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