CHILES v. ROBERTSON

A8309-05871; A8411-06749; CA A42591.

774 P.2d 500 (1989)

96 Or.App. 658

Virginia Hughes CHILES, Executrix of the Estate of Earle A. Chiles, Deceased; Virginia H. Chiles; and Earle M. Chiles, Appellants — Cross-Respondents, v. Oran B. ROBERTSON; Cyril K. Green; Jerry Sadis; Virgil Campbell; C. Dale Warman; Jerome Kohlberg, Jr.; Henry R. Kravis; George R. Roberts; Fmgp Associates, an Oregon Limited Partnership; Kkr Associates, a New York Limited Partnership; and Fmi Associates, a Delaware Limited Partnership, Respondents, and Fred Meyer Real Estate Properties, Ltd., an Oregon Limited Partnership; Fred Meyer, Inc., a Delaware Corporation and Fred Meyer Liquidating Corp., a Dissolved Oregon Corporation, Respondents — Cross-Appellants. Duane Company, an Oregon Corporation; Efem Company, an Oregon Corporation; Fifth Avenue Corp., an Oregon Corporation; Fourth Avenue Corporation, an Oregon Corporation; Union Central Co., an Oregon Corporation; Vanoak Corporation, an Oregon Corporation, Nominal Defendants — Respondents, Fred Meyer, Inc., a Delaware Corporation, and Fred Meyer Real Estate Properties, Ltd., an Oregon Limited Partnership, Respondents — Cross-Appellants, v. Southeast Company, an Oregon Corporation, Appellant — Cross-Respondent, Fred Meyer Liquidating Corp., a Dissolved Oregon Corporation, Respondent — Cross-Appellant.

Court of Appeals of Oregon.

Cross-Motion to Determine Appellate Jurisdiction May 5, 1989.

Petition for Reconsideration February 14, 1989.

Motion to Determine Jurisdiction April 19, 1989.

Petition for Attorney Fees and Expenses February 2, 1989.

Petition for Attorney Fees and Expenses March 1, 1989.

Decided May 24, 1989.

Reconsideration Denied June 30, 1989.


Attorney(s) appearing for the Case

Barnes H. Ellis, Charles F. Hinkle, Joyce Ann Harpole and Stoel, Rives, Boley, Jones & Grey, Portland, for Fred Meyer Real Estate Properties, Ltd.'s, Fred Meyer, Inc.'s, and Fred Meyer Liquidating Corp.'s petition for reconsideration, response and objections to appellants' and cross-respondents' petition for attorney fees and expenses and cross-motion to determine appellate jurisdiction.

Michael E. Arthur, Frank E. Nash, Bruce A. Rubin, Mark C. McClanahan and Miller, Nash, Wiener, Hager & Carlsen, Portland, for Virginia Hughes Chiles, Executrix of the Estate of Earle A. Chiles, deceased's, Virginia H. Chiles' and Earl M. Chiles' petition for reconsideration, motion to determine appellate court jurisdiction, petition for attorney fees and expenses and correction, and reply to objections to petition for attorney fees and expenses.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.


Motion to Determine Court Jurisdiction April 19, 1989.

On Respondents — Cross-Appellants Fred Meyer Real Estate Properties, Ltd.'s, Fred Meyer, Inc.'s and Fred Meyer Liquidating Corp.'s Petition for Reconsideration February 13, 1989, and Cross-Motion to Determine Appellate Jurisdiction May 5, 1989, and Appellants — Cross-Respondents Virginia Hughes Chiles, Executrix of the Estate of Earle A. Chiles, deceased's, Virginia H.

Chiles', Earle M. Chiles...

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