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WYATT v. SWEITZ

94-3834; CA A91998.

934 P.2d 544 (1997)

146 Or. App. 723

David Jay WYATT, Appellant-Cross-Respondent, v. Kerry SWEITZ, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 5, 1997.

Review Allowed May 20, 1997.

Attorney(s) appearing for the Case

Mark W. Potter, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Walker & Potter.

Jeffrey W. Hansen, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Smith, Freed, Heald & Chock.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff appeals, assigning error to the trial court's allowance of partial judgment on the pleadings, ORCP 21, B, against his claim for "casual or involuntary" timber trespass, ORS 105.815. Defendant cross-appeals, assigning error to the trial court's allowance of attorney fees, pursuant to ORS 20.080, after plaintiff prevailed on a separate claim for intentional trespass to land. We conclude that plaintiff's pleadings pertaining to damage caused...

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