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STEELMAN-DUFF, INC. v. DEPT. OF TRANSP.

CC 92C12356; CA A80684; SC S42501.

915 P.2d 958 (1996)

323 Or. 220

STEELMAN-DUFF, INC., a corporation, Respondent on Review, v. STATE of Oregon, acting by and through its DEPARTMENT OF TRANSPORTATION/OREGON STATE HIGHWAY DIVISION, Defendant, and J.C. Compton Contractor, Inc., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided May 9, 1996.

Attorney(s) appearing for the Case

Paul R. Meyer, of Meyer & Meyer, P.C., Portland, argued the cause and filed the petition for petitioner on review.

Thomas A. Larkin, of Stewart Sokol & Gray, Portland, argued the cause for respondent on review. With him on the brief was John Spencer Stewart.

Keith M. Garza, Guy A. Randles, and Eric A. Grasberger, of Stoel Rives, Portland, filed a brief on behalf of amicus curiae Oregon-Columbia Chapter of the Associated General Contractors of America, Inc.

GRABER, Judge.

This case involves interpretation of the attorney fees provision in ORS 279.067(4). The Court of Appeals held that, under ORS 279.067(4), J.C. Compton Contractor, Inc. (Compton), was not entitled to attorney fees in this action. Steelman-Duff, Inc. v. Dept. of Transportation, 135 Or.App. 545, 549, 899 P.2d 752 (1995). For the reasons that follow, we reverse.

ORS 279...

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