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SPECTRA NOVAE v. WAKER ASSOCIATES

C91-1313 CV; CA A82771.

914 P.2d 693 (1996)

140 Or. App. 54

SPECTRA NOVAE, LTD., an Oregon corporation, Appellant-Cross-Respondent, v. WAKER ASSOCIATES, INC., an Oregon corporation, Respondent-Cross-Appellant. WAKER ASSOCIATES, INC., an Oregon corporation, Respondent-Cross-Appellant, v. Edward B. LILLY, Ruben J. Menashe and South Lake Center Partnership, an Oregon general partnership, Appellants-Cross-Respondents, and L.R. Christensen, Land Development Consultants, Inc., an Oregon corporation, and Rutan Construction, Inc., an Oregon corporation, Third-Party Defendants.

Court of Appeals of Oregon.

Filed March 27, 1996.

Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Paul G. Dodds and Brownstein, Rask, Arenz, Sweeney, Kerr & Grim.

Peter A. Ozanne, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Thomas V. Dulcich and Schwabe, Williamson & Wyatt.

Before RIGGS, P.J., and LANDAU and HASELTON, JJ.

LANDAU, Judge.

Plaintiff Spectra Novae, Ltd., and third-party defendants Lilly, Menashe and South Lake Partnership, appeal a judgment of dismissal entered in this action for breach of contract. Defendant Waker Associates, Inc., cross-appeals, assigning error to the trial court's denial of attorney fees. We affirm in part and reverse in part on the appeal, and reverse on the cross-appeal.

The undisputed evidence shows the following facts. Spectra Novae was...

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