748 P.2d 180

HOFFMANN, Plaintiff, and ROTH, Appellant, v. STOLL et al, Respondents.

8611-07067; CA A44238Oregon Court of Appeals.Argued and submitted December 16, 1987,
Affirmed January 13, 1987 Reconsideration denied March 25, 1987 Petition for review allowed April 19, 1988

Appeal from Circuit Court, Multnomah County.

Clifford B. Olsen, Judge.

Stuart K. Cohen, Portland, argued the cause for appellant. With him on the briefs were Timothy E. Brophy and Bernard, Kneeland, Crawford Brophy, Portland.

Thomas M. Christ, Portland, argued the cause for respondent Delbert Stoll. With him on the brief was Mitchell, Lang
Smith, Portland.

Thomas W. Brown, Portland, argued the cause for respondent Richard W. Hagadorn. With him on the brief was Cosgrave, Kester, Crowe, Gidley Lagesen, Portland.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Affirmed. Saechao v. Matsakoun, 78 Or. App. 340, 717 P.2d 165 rev dismissed 302 Or. 155 (1986).

Newman, J., dissenting.

Page 259

NEWMAN, J., dissenting.

I dissent for the reasons stated by Warren, J., in his dissent in Saechao v. Matsakoun, 78 Or. App. 340, 348, 717 P.2d 165, rev dismissed 302 Or. 155 (1986).

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