Filed: October 28, 1999

BATZER CONSTRUCTION, INC.,

Petitioner on Review,

v.

VALIANT INSURANCE COMPANY,

Respondent on Review.

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,