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BENNETT v. MINSON

TC 87-CV-0055-15; CA A48856; SC S36286.

787 P.2d 481 (1990)

309 Or. 309

Jack L. BENNETT, Respondent On Review, v. Charles MINSON, Dba Minson Farms, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted October 4, 1989.

Attorney(s) appearing for the Case

James A. Marshall, Madras, argued the cause and filed the petition for petitioner on review.

Mike Kilpatrick, Mt. Vernon, argued the cause for respondent on review.

VAN HOOMISSEN, Justice.

This is a civil action for property damages. The issue is whether defendant Minson is entitled to attorney fees under ORS 20.080 as the prevailing party on a counterclaim. The circuit court denied his motion for attorney fees, and the Court of Appeals affirmed. Bennett v. Minson, 96 Or.App. 689, 773 P.2d 813 (1989). We reverse.

Plaintiff Bennett's truck collided...

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