U-CART CONCRETE OF EUGENE v. FARMERS INSURANCE CO.

No. TC 78-2736; CA 14710; SC 26963.

619 P.2d 882 (1980)

290 Or. 151

U-CART CONCRETE OF EUGENE, Inc. et al., Plaintiffs-Appellants-Petitioners, v. FARMERS INSURANCE COMPANY OF OREGON ET AL., Defendants-Respondents.

Supreme Court of Oregon, In Banc.

Decided November 18, 1980.


Attorney(s) appearing for the Case

George A. Burgott, and Thwing, Atherly & Butler, Eugene, for the bill.

Robert A. Ford, and Bromley & Ford, Eugene, on objections to the bill.


PER CURIAM.

This matter is before the court upon plaintiffs' objections to defendants' bill of costs and disbursements. The issue presented is whether, upon denial by this court of a petition for review, the respondent shall recover costs and disbursements as a prevailing party. We hold that there shall be no recovery.

In the trial court the defendants had summary judgment in this declaratory judgment proceeding, and the Court of Appeals affirmed. U-Cart...

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