Auernheimer v. Metzen

783 P.2d 1027 (1989)

Wesley AUERNHEIMER, Appellant,

v.

Edward B. METZEN and Penelope Metzen, Husband and Wife, Respondents.

87-CV-0188-JC; CA A49419.

Court of Appeals of Oregon, In Banc.

Argued and Submitted June 12, 1989.

Resubmitted November 8, 1989.

Decided December 13, 1989.

Reconsideration Denied February 9, 1990.

Thomas V. Bryant, Jr., Bend, argued the cause and filed the briefs for appellant.

John A. Berge, Bend, argued the cause for respondents. With him on the brief were Gregory P. Lynch and Gray, Fancher, Holmes & Hurley, Bend.

Resubmitted In Banc November 8, 1989.

RIGGS, Judge.

Plaintiff appeals…