Opinion
CC A8912-07357; CA A70113; SC S41684
Argued and submitted May 3, 1995
Review dismissed as improvidently allowed August 24, 1995
In Banc
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Stephen L. Gallagher, Jr., Judge. 129 Or. App. 371, 879 P.2d 1288 (1994).
James N. Westwood, of Miller, Nash, Wiener, Hager Carlsen, Portland, argued the cause for petitioners on review. With him on the briefs were Michael O. Moran, Black Helterline, Portland, and Jacob Tanzer, Portland, of counsel.
Charles J. Merten, of Merten Associates, Portland, argued the cause for respondent on review. With him on the briefs were John Paul Graff, of Graff O'Neil, Portland, and Glen H. Downs, Portland.
Richard C. Busse and Scott N. Hunt, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.
MEMORANDUM OPINION
Review dismissed as improvidently allowed.
Van Hoomissen and Durham, JJ., would not dismiss.