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BLISS v. ANDERSON

No. TC 77-2882; CA 10017.

585 P.2d 29 (1978)

36 Or.App. 559

Larry M. BLISS, Respondent, v. Larry J. ANDERSON and Robert D. Richmond, Defendants, and Fred C. Beckley, William Alvarado, and Aba Investments, Inc., an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided October 16, 1978.

Reconsideration Denied December 16, 1978.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Frank J. Barry, Eugene, argued the cause and filed the brief for respondent.

Before THORNTON, P.J., and TANZER and BUTTLER, JJ.

TANZER, Judge.

Three of the five defendants appeal a denial of attorney fees in a judgment based upon plaintiff's voluntary nonsuit as to them. Plaintiff sued in alternate counts for damages arising from fraudulent or negligent misrepresentation made by the other two defendants, Anderson and Richmond, in the course of the sale of plaintiff's restaurant.

We accept plaintiff's proof which we summarize as the facts on appeal. Richmond is Anderson's law partner...

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