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DEERFIELD COMMODITIES v. NERCO, INC.

A8105-03087; CA A27718.

696 P.2d 1096 (1985)

72 Or.App. 305

DEERFIELD COMMODITIES, Ltd., a New York Corporation, Appellant-Cross-Respondent, v. NERCO, INC., an Oregon Corporation, and Nerco Coal Sales Company, a Tennessee Corporation, Respondents-Cross-Appellants, v. James Welsh and William J. O'Hare, Individuals, William J. O'Hare, P.C., a New York Professional Corporation, and Colleen Coal Company, a Pennsylvania Corporation, Third-Party Defendants-Cross-Respondents.

Court of Appeals of Oregon.

Reconsideration Denied May 10, 1985.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Robert B. Hopkins, Portland, argued the cause for appellant-cross-respondent and third-party defendants-cross-respondents. With him on the briefs were Richard L. Sadler, Randall L. Dunn, David N. Goulder and Copeland, Landye, Bennett & Wolf, Portland.

Barnes H. Ellis, Portland, argued the cause for respondents-cross-appellants. With him on the briefs were Stephen S. Walters, Charles F. Adams and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff brought this action for damages for breach of contract, material misrepresentation and fraud. Defendants filed counterclaims for breach of contract and fraud, as well as third-party claims based on those theories. After a jury trial, the court entered judgment on a special verdict awarding plaintiff a lump sum of $27,107,000 in damages for breach of contract and material misrepresentation...

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