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CRYO-TECH, INC. v. JKC BEND, LLC

A169715.

495 P.3d 699 (2021)

313 Or. App. 413

CRYO-TECH, INC., an Oregon corporation, Plaintiff-Respondent, v. JKC BEND, LLC, an Oregon limited liability company, Defendant-Appellant. JKC Bend, LLC, an Oregon limited liability company, Third Party Plaintiff, v. Double R. Builders Corporation, an Oregon corporation, Third Party Defendant. Double R. Builders Corporation, an Oregon corporation, Fourth Party Plaintiff, v. All American Fire Protection, Inc., an Oregon corporation; et al., Fourth Party Defendants.

Court of Appeals of Oregon.

July 21, 2021.

Attorney(s) appearing for the Case

Rohn M. Roberts, Eugene, argued the cause for appellant. Also on the briefs were John R. Roberts and Arnold Gallagher P.C.

Megan K. Burgess, Bend, argued the cause for respondent. Also on the brief was Peterkin Burgess.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

In this action on a "build to suit" commercial lease agreement, defendant JKC Bend, LLC (landlord), the owner and lessor of the leased premises, appeals a limited judgment for plaintiff Cryo-Tech, Inc. (tenant), the tenant of the leased premises, under ORCP 67 B, on a declaratory judgment claim in which the trial court declared...

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