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PEWTHER v. C CORP

10CV0200AB; A146534.

264 P.3d 173 (2011)

245 Or. App. 644

Betty PEWTHER, fka Betty E. Jaqua, Plaintiff-Appellant, v. C CORP, an inactive Oregon corporation; and Charles L. Koon, individually, Defendants, and Paul A. Whitaker, individually, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Melinda Thomas, Bend, argued the cause for appellant. With her on the brief were John A. Berge and Bryant, Lovlien & Jarvis, P.C.

Edward Fitch, Redmond, argued the cause for respondent. With him on the brief was Bryant, Emerson & Fitch, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

In this breach of contract action, the trial court granted defendant Whitaker's motion for summary judgment based on its determination that Whitaker was not liable to plaintiff under the unambiguous terms of the parties' agreement.1 Plaintiff contends that the trial court erred in granting Whitaker's motion and subsequently dismissing him from the case. On appeal, we view the record in the light most favorable to plaintiff...

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