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KUNCE v. VAN SCHOONHOVEN

78-4834; CA A37226.

732 P.2d 70 (1987)

83 Or.App. 458

William KUNCE, Respondent, v. Scott VAN SCHOONHOVEN, Appellant.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied March 13, 1987.

Review Denied April 7, 1987.

Attorney(s) appearing for the Case

Helmut Kah, Eugene, argued the cause and filed the brief for appellant.

Thomas M. Christ, Eugene, argued the cause for respondent. With him on the brief were Louis L. Kurtz, and Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this case, plaintiff claimed that defendant damaged a "dwelling house and contents" and sought damages. The jury returned a verdict for defendant. Because defendant was the prevailing party, he claimed that he was entitled to attorney fees pursuant to ORS 91.755, a part of the Residential Landlord and Tenant Act (RLTA). ORS 91.700 to ORS 91.895. The trial court disagreed and entered judgment in defendant's favor without awarding attorney fees. Defendant...

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