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CONKLIN v. KARBAN ROCK, INC.

86-0096C; CA A43302.

767 P.2d 444 (1989)

94 Or.App. 593

Edwin L. CONKLIN, II, Respondent, v. KARBAN ROCK, INC., Formerly Known As Karban Konstruction, Inc., an Oregon Corporation, Appellant, United States National Bank of Oregon, N.A., Defendant, and Karban Rock, Inc., an Oregon Corporation, Defendant-Third-Party Plaintiff-Appellant, v. Jean C. Jenkins, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Gary Roberts, Portland, argued the cause for appellant. With him on the briefs was Grebe, Gross, Peek, Osborne & Dagle, P.C., Portland.

Charles E. Corrigan, Portland, argued the cause for respondent Edwin L. Conklin, II. E. Joseph Dean, Portland, argued the cause for third-party defendant-respondent Jean C. Jenkins. With Charles E. Corrigan on the brief were O'Donnell Ramis Elliott & Crew, Portland, and Susan P. Graber and Stoel Rives Boley Jones & Grey, Portland.

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

BUTTLER, Presiding Judge.

Defendant Karban Rock (Karban) appeals a judgment dismissing its counterclaims against plaintiff, Conklin, and its claims against third-party defendant, Jenkins, for failure to state claims. ORCP 21A(8). Alternatively, it seeks reversal or reduction of the award of attorney fees to Conklin and Jenkins. We affirm.

We accept the pleaded facts as true. Franson v. Radich, 84 Or.App. 715, 717...

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