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MID-RIVER TRANSPORTATION v. VanPELT

90-CV-0258; CA A72388.

854 P.2d 506 (1993)

MID-RIVER TRANSPORTATION SERVICES, INC., an Oregon corporation, Appellant-Cross-Respondent, v. Jake VanPELT and Marilyn VanPelt, individually and dba VanPelts' Enterprises and VanPelts' Christmas Trees, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided July 7, 1993.

Attorney(s) appearing for the Case

W. Theodore Guthrie, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were David Gernant, Steven L. Myers, Myers & Knapp, Portland, Benjamin E. Freudenberg and Nelson, Freudenberg & James, Grants Pass.

Richard D. Adams, Grants Pass, argued the cause for respondents-cross-appellants. With him on the brief were Holly A. Preslar and Myrick, Seagraves, Adams & Davis, Grants Pass.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

RIGGS, Judge.

Plaintiff, an interstate carrier, appeals a judgment for defendants, shippers. Defendants cross-appeal the denial of their request for attorney fees. We reverse on the appeal and affirm on the cross-appeal.

The parties contracted for plaintiff to ship defendants' Christmas trees to customers in several states. Defendants expected to, and did, pay freight charges for several of their customers. However, defendants told plaintiff that they did...

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