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CONSORTIUM CO. v. GRADIN

No. A8005-02591; CA A23787.

652 P.2d 1288 (1982)

60 Or.App. 161

THE CONSORTIUM COMPANY, an Oregon Corporation; et al., Appellants, v. Melvin D. GRADIN, et al., Respondents.

Court of Appeals of Oregon.

Decided November 3, 1982.

Reconsideration Denied December 10, 1982.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants. With him on the brief were Fredric A. Yerke and Miller, Nash, Yerke, Wiener & Hager, Portland.

Robert K. Udziela, Portland, argued the cause for respondents. With him on the brief was Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

PER CURIAM.

This is a declaratory judgment proceeding in which plaintiffs seek a declaration that two sets of lease options and agreements were valid. Each document contained a provision that, in the event of an action on it, the losing party would pay the other party's attorney fees. More than five days prior to trial, plaintiffs filed a notice of dismissal pursuant to ORCP 54 A(1), and the trial court entered a judgment of dismissal the following day. Thereafter...

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