SWAGERTY v. JOE ROMANIA CHEVROLET

16-86-02280; CA A43091.

770 P.2d 967 (1989)

95 Or.App. 728

Lorin SWAGERTY and Dorothy Swagerty, Appellants, v. JOE ROMANIA CHEVROLET, Inc., Respondent.

Court of Appeals of Oregon.

Decided March 22, 1989.

Reconsideration Denied May 5, 1989. Review Denied May 31, 1989


Attorney(s) appearing for the Case

John C. Fisher, Eugene, argued the cause and filed the briefs for appellants.

Robert E. Franz, Jr., Eugene, argued the cause and filed the brief for respondent.

Before WARDEN, P.J. Pro Tem., JOSEPH, C.J., and GRABER, J.


WARDEN, Presiding Judge Pro Tem.

Plaintiffs brought this action under the Unlawful Trade Practices Act. ORS 646.605 et seq. They appeal from a summary judgment for defendant. We affirm on the merits and write only to discuss a procedural problem.

After plaintiffs filed their complaint, defendant filed an answer that included a "counterclaim," alleging that plaintiffs' action was frivolous and asking for an award of attorney fees pursuant to ORS 646...

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