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PACIFIC NORTHWEST DEVELOPMENT CORP. v. HOLLOWAY

546 P.2d 1063 (1976)

PACIFIC NORTHWEST DEVELOPMENT CORPORATION, an Oregon Corporation, Dba Pete Wilson Realty, Respondent, Cross-Appellant, v. Robert HOLLOWAY and Lynda Holloway, Husband and Wife, Appellants, Cross-Respondents.

Supreme Court of Oregon, In Banc.

Decided March 11, 1976.

Attorney(s) appearing for the Case

Rita M. Radich of Toran & Radich, Portland, argued the cause for appellants. On the brief was John Toran, Jr., Portland.

Carlton D. Warren, Portland, argued the cause for respondent. With him on the brief were Robert L. Kirkman, and Solomon, Warren, Killeen & Kirkman, Portland.

BRYSON, Judge.

Plaintiff brought this forcible entry and detainer action in the District Court for Multnomah County to recover possession of an apartment unit. As an affirmative defense, defendants alleged that plaintiff's "notice to vacate was not given in good faith."1 The jury specially found that plaintiff had not acted in good faith2 and the district court entered judgment, including attorney fees,

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