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EMMERT INDUSTRIAL CORP. v. SANDERS

91-2039; CA A79600.

883 P.2d 1304 (1994)

131 Or. App. 113

EMMERT INDUSTRIAL CORPORATION, an Oregon corporation, Appellant-Cross-Respondent, v. C. Nadine SANDERS, aka Ciona Nadine Sanders, aka Nadine Ortiz Sanders, aka Nadine C. Ortiz, and Benton W. McGinnis, II, Respondents-Cross-Appellants, and Nadine Sanders Trust, Ciona Lael Sanders, Trustee, Commercial Adjustment Co., and Accounts Management Co., Defendants.

Court of Appeals of Oregon.

Decided October 26, 1994.

Attorney(s) appearing for the Case

Frank G. Patrick, Clackamas, argued the cause for appellant-cross-respondent. With him on the briefs was David N. Allen.

Harry D. Ainsworth, Portland, argued the cause and filed the briefs for respondents-cross-appellants.

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

LEESON, Judge.

Plaintiff appeals from a judgment in favor of defendants in this action for breach of contract, breach of implied contract, conversion1 and foreclosure of a construction lien. Defendants2 cross-appeal the denial of attorney fees. We affirm on the appeal and reverse on the cross-appeal.

Plaintiff's business is moving buildings. On May 14, 1986, it entered into a contract with defendant...

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