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CRUZE v. HUDLER

CV08090688; A145179.

274 P.3d 858 (2012)

248 Or. App. 180

Tyrone CRUZE, Sr. and Jacqueline Cruze, Trustees of The Tyrone Cruze, Sr. and Jacqueline Cruze Family Trust Agreement Dated March 6, 1987; and California National Bank Custodian FBO Tyrone Cruze Ira Acct CCT0300 and Custodian FBO Jacqueline Cruze Ira Acct CCJ0150, Plaintiffs-Appellants, v. Martin L. HUDLER, an individual; and Charles R. Markley, an individual, Defendants-Respondents, and Covenant Partners, LLC, a Nevada limited liability company, Defendant.

Court of Appeals of Oregon.

Decided February 15, 2012.

Appellants' response to petition for reconsideration filed December 13, 2011.

Opinion filed November 23, 2011.

Attorney(s) appearing for the Case

Jeffrey W. Hansen, Joseph A. Rohner IV, and Smith, Freed & Eberhard, P.C., Portland, for petition.

Steven L. Naito, and Tarlow Naito & Summers, LLP, Portland, for response.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

SCHUMAN, P.J.

Defendant Markley petitions us to reconsider our decision in Cruze v. Hudler, 246 Or.App. 649, 267 P.3d 176 (2011), in which we reversed the trial court's grant of summary judgment in his favor. The majority of his petition either mischaracterizes aspects of our opinion or simply reargues issues that were raised in the briefs and decided adversely to him, and we decline to...

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