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BANK OF THE WEST v. BURLINGAME

CV90-1007; CA A79406.

895 P.2d 1367 (1995)

134 Or. App. 529

BANK OF THE WEST, a corporation, Appellant, v. E.C. BURLINGAME, Respondent. E.C. BURLINGAME and Stateline Ranch, Inc., an Oregon corporation, Counterclaim Plaintiffs-Respondents, v. BANK OF THE WEST, a corporation, Counterclaim Defendant-Appellant. E.C. BURLINGAME and Stateline Ranch, Inc., an Oregon corporation, Third-Party Plaintiffs, v. Wes COLLEY and John Does One Through Five, Third-Party Defendants.

Court of Appeals of Oregon.

Decided May 24, 1995.

Attorney(s) appearing for the Case

S. Ward Greene, Portland, argued the cause for appellant. With him on the briefs were Sandra L. Mitchell and Greene & Markley, P.C.

Herbert H. Anderson, Portland, argued the cause for respondents. With him on the brief were Steven H. Corey, Pendleton, Thomas H. Anderson, Jeffrey M. Batchelor, Robert Lane Carey, Portland, Corey, Byler, Rew, Lorenzen & Hojem, Pendleton, and Lane Powell Spears Lubersky, Portland.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

LANDAU, Judge.

Plaintiff Bank of the West (Bank) appeals from judgments granting defendant's motion for summary judgment and awarding defendant attorney fees. Bank contends that the trial court erred in concluding that the satisfaction of a co-guarantor's obligation had the effect of extinguishing defendant's liability on the same debt. Bank also contends that the trial court erred in awarding defendant attorney fees based on his counterclaims. We affirm in part and...

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