BATZER CONSTRUCTION v. VALIANT INSURANCE, 329 Or. 446 (1999)

988 P.2d 377

BATZER CONSTRUCTION, INC., Petitioner on Review, v. VALIANT INSURANCE COMPANY, Respondent on Review.

(CC 95-4889-L-1; CA A95823; SC S46449).Oregon Supreme Court.
Filed: October 28, 1999.

On petition for review filed May 12, 1999.[*]

[*] Appeal from Jackson County Circuit Court, 158 Or. App. 126, 970 P.2d 700 (1999).

Charles R. Schrader and Emi A. Murphy, of Tarlow, Jordan
Schrader, Portland, filed the petition for petitioner on review.

Timothy C. Gerking, of Brophy, Mills, Schmor, Gerking Brophy, LLP, Medford, filed the response for respondent on review.

En Banc

MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the circuit court with instructions to dismiss the action unless plaintiff makes all persons who have any claim or interest that would be affected by the requested declaration parties to the action within a time to be set by the circuit court.

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