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FISHERMEN'S MARKETING ASS'N v. WILSON

566 P.2d 897 (1977)

279 Or. 259

FISHERMEN'S MARKETING ASSOCIATION, Incorporated, a California Corporation, Dba Fishermen's Marketing Association of California, Incorporated, Appellant, v. Walter WILSON, Aka "Roy Wilson", Respondent.

Supreme Court of Oregon, In Banc.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Richard L. Barron of Bedingfield, Joelson, Gould & Barron, Coos Bay, argued the cause and filed a brief for appellant.

M. Chapin Milbank of Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem, argued the cause and filed a brief for respondent.

LINDE, Justice.

Plaintiff, incorporated under California law as a non-profit cooperative association, sued defendant, one of its members, to collect liquidated damages and attorney's fees for his breach of the association's by-laws and membership agreement. The trial court refused to enforce the provisions for liquidated damages, and plaintiff appeals.

The court, sitting without a jury, found the following allegations of plaintiff's complaint to be true: Plaintiff...

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