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Waddill v. Anchor Hocking, Inc.

Oregon Supreme Court
Feb 8, 2001
331 Or. 595 (Or. 2001)

Summary

explaining that, in general, we construe provisions of the ORCP through the same methodology that we employ to construe statutes, in that we look first to the text and context of the rule

Summary of this case from Mathis v. St. Helens Auto Ctr.

Opinion

(CC 9405-03390; CA A91012; SC S44770)

Filed: February 8, 2001

On respondent on review's petition for reconsideration filed August 9, 2000.

330 Or. 376, 8 P.3d 200 (2000); on review from the Court of Appeals, 149 Or. App. 464, 944 P.2d 957 (1997).

Catherine M. Masters, Chicago, Illinois, filed the petition for reconsideration for respondent on review. With her on the petition were Robert H. Riley, Neil Lloyd, and Schiff Hardin Waite, in association with Stephen S. Walters, of Stoel Rives, Portland.

Kathryn H. Clarke, Portland, filed the response for petitioner on review. With her on the response were Maureen Leonard and D. Lawrence Wobbrock, Portland.

Before Carson, Chief Justice, and Gillette, Durham, Kulongoski, Leeson, and Riggs, Justices.

Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case. De Muniz, J., did not participate in the consideration or decision of this case.


MEMORANDUM OPINION

The petition for reconsideration is allowed. This court's former opinion is adhered to. The case is remanded to the Court of Appeals to consider those assignments of error not considered previously by that court.


Summaries of

Waddill v. Anchor Hocking, Inc.

Oregon Supreme Court
Feb 8, 2001
331 Or. 595 (Or. 2001)

explaining that, in general, we construe provisions of the ORCP through the same methodology that we employ to construe statutes, in that we look first to the text and context of the rule

Summary of this case from Mathis v. St. Helens Auto Ctr.

applying the maxim of inclusio unius est exclusio alterius [the inclusion of one is the exclusion of the other] at first level of statutory construction

Summary of this case from State v. P. T. (In re P. T.)
Case details for

Waddill v. Anchor Hocking, Inc.

Case Details

Full title:ARLEEN E. WADDILL, Petitioner on Review, v. ANCHOR HOCKING, INC., a…

Court:Oregon Supreme Court

Date published: Feb 8, 2001

Citations

331 Or. 595 (Or. 2001)
18 P.3d 1096

Citing Cases

Waddill v. Anchor Hocking, Inc.

Filed: July 11, 2001 On remand from the Oregon Supreme Court, Waddill v. Anchor Hocking, Inc., 330 Or. 376, 8…

Mathis v. St. Helens Auto Ctr.

See Waddill v. Anchor Hocking, Inc. , 330 Or. 376, 381, 8 P.3d 200 (2000), adh'd to on recons. , 331 Or. 595,…