TYLER v. HARTFORD INS. GROUP

87-04-21572-L; CA A45275.

780 P.2d 755 (1989)

98 Or.App. 601

Donald E. TYLER, M.D., Appellant, v. HARTFORD INSURANCE GROUP, Yturri, Rose, Burnham, Ebert & Bentz, Anthony Yturri, Carl Burnham, Jr., Cliff S. Bentz, Teresa J. Hutchens, Debbie Freepons Craig, Frederic P. Roehr, Kenneth E. Roberts, James C. Carter, Thomas L. Roberts, Edwin G. Ruland, Donald P. Smith, Jr., Holmes, Defrancq & Schulte, P.C., Kenneth E. Roberts, P.C., Schwabe, Williamson, Wyatt, Moore & Roberts, Vergeer, Roehr & Sweek, X Insurance Company, a Fictitious Name, Xx Insurance Company, a Fictitious Name, Y Insurance Company, a Fictitious Name, Yy Insurance Company, a Fictitious Name, Z Insurance Company, a Fictitious Name, and Zz Insurance Company, a Fictitious Name, Respondents.

Court of Appeals of Oregon.

Decided October 11, 1989.

Reconsideration Denied November 24, 1989.

Review Denied December 28, 1989.


Attorney(s) appearing for the Case

Mildred J. Carmack and Schwabe, Williamson & Wyatt, Portland, for the petition for attorney fees on behalf of Kenneth E. Roberts, Kenneth E. Roberts, P.C., and Schwabe, Williamson, Wyatt, Moore & Roberts.

Lee Aronson and Holmes, DeFrancq & Schulte, P.C., Portland, for the petition for attorney fees on behalf of Edwin G. Ruland, Donald P. Smith, Jr., James C. Carter, and Holmes, DeFrancq & Schulte, P.C.

Donald E. Tyler, M.D., appeared contra.

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


JOSEPH, Chief Justice.

The Supreme Court vacated our order1 that granted attorney fees pursuant to ORS 20.105(1) to certain of the defendants who had appeared in this court and remanded the matter to us to make findings on the record and a new order. Tyler v. Hartford Insurance Group, 307 Or. 603, 771 P.2d 274 (1989). We reinstate our original order on the basis of...

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