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MATTER OF HAROLD SCHNITZER PROP. v. TRADEWELL GROUP

A8811-06187; CA A61184.

799 P.2d 180 (1990)

104 Or.App. 19

IN THE MATTER OF THE ARBITRATION BETWEEN HAROLD SCHNITZER PROPERTIES AND TRADEWELL GROUP, Inc., a Washington Corporation, and Food Services of America, Inc. Harold Schnitzer Properties, Respondent, v. TRADEWELL GROUP, Inc., a Washington Corporation, and Food Services of America, Inc., Appellants.

Court of Appeals of Oregon.

Reconsideration Denied December 26, 1990.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for appellants.

Jacob Tanzer, Portland, argued the cause for respondent. With him on the brief were Sarah J. Ryan, Kenneth M. Novack and Ball, Janik & Novack, Portland.

Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.

BUTTLER, Presiding Judge.

Tradewell Group, Inc. and Food Services of America, Inc. (Tradewell) appeal from a circuit court judgment confirming an arbitration award of damages to petitioner Harold Schnitzer Properties (Schnitzer) in a dispute arising out of Tradewell's premature abandonment of leased premises.

Schnitzer owns the San Raphael Shopping Center in Portland, in which Tradewell was the anchor tenant. The lease contained a "continuous occupancy" clause...

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