LINDSEY v. MERZENICH, 313 Or. 73 (1992)

827 P.2d 189

Robert E. LINDSEY, Petitioner on Review, v. Edgar MERZENICH and Idylwood Inc., by Edgar Merzenich, Respondents on Review.

CC 90C-10605; CA A69646; SC S38529Oregon Supreme Court.On petition for review and supplemental petition for review filed December 19, 1991, of order of dismissal of the Court of Appeals dated August 21, 1991,[*] petition for review allowed, Court of Appeals order vacated and
case remanded to Court of Appeals for reconsideration March 26, 1992

[*] Appeal from judgment of Marion County Circuit Court, Robert B. McConville, Judge.

William B. Wyllie, Salem (petition for review), and William G. Paulus, of Garrett, Seideman, Hemann, Robertson, Paulus, Jennings Comstock, P.C., Salem (supplemental petition for review) for petitioner on review.

No appearance contra.

Before Peterson, Presiding Justice, and Gillette, Van Hoomissen, Unis, and Graber, Justices.

MEMORANDUM OPINION

Petition for review allowed. The “Order Dismissing Appeal and Allowing Cross Appeal to Proceed,” dated August 21, 1991, is vacated, and this case is remanded to the Court of Appeals for reconsideration in light of Baugh v. Bryant Limited Partnerships, 312 Or. 635, 825 P.2d 1383 (1992).

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