Batzer Construction, Inc. v. Valiant Ins. Co.

Oregon Supreme Court

Batzer Construction, Inc. v. Valiant Ins. Co.

DecidedOctober 28, 1999

DocketS46449

StatusPublished

This text of Batzer Construction, Inc. v. Valiant Ins. Co. (Batzer Construction, Inc. v. Valiant Ins. Co.) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batzer Construction, Inc. v. Valiant Ins. Co., (Or. 1999).

Pincite

Opinion

Filed: October 28, 1999

IN THE SUPREME COURT OF THE STATE OF OREGON

BATZER CONSTRUCTION, INC.,

Petitioner on Review,

v.

VALIANT INSURANCE COMPANY,

Respondent on Review.

(CC 95-4889-L-1; CA A95823; SC S46449)

En Banc

On petition for review filed May 12, 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.

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.

* Appeal from Jackson County Circuit Court,

158 Or App 126, 970 P2d 700 (1999).

Free access — add to your briefcase to read the full text and ask questions with AI