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HERITAGE ENTERPRISES v. SILVERIO

A8711-06778; CA A60074.

809 P.2d 703 (1991)

106 Or.App. 598

HERITAGE ENTERPRISES, an Oregon Partnership, Respondent, v. Ricardo SILVERIO and Silcor (U.S.A.) Inc., a Nevada Corporation, Appellants.

Court of Appeals of Oregon.

Decided April 17, 1991.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs was Lane Powell Spears Lubersky, Portland.

Charles R. Markley, Portland, argued the cause for respondent. With him on the brief was Greene & Markley, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendants appeal from the judgment in this contract action. They assign error to the judgment for plaintiff on its claim, to the dismissal of their counterclaim, to the assessment of attorney fees pursuant to ORCP 17, ORCP 46 C and ORS 20.105, and to the amount of the undertaking on appeal set by the trial court. Only two assignments require discussion.

During the trial court proceedings, defendants' counterclaim was subject to...

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