WILKES v. ZURLINDEN

93-3620-L-3 and Agency No. 17988-101; CA A91278 (Control), A91800.

932 P.2d 584 (1997)

146 Or. App. 371

Allen WILKES, dba S.A.W. Construction, Appellant-Cross-Respondent, v. Dennis ZURLINDEN and Sharie Zurlinden, husband and wife, Respondents-Cross-Appellants. Allen WILKES and Shirley Wilkes, dba S.A.W. Construction, Petitioners, v. CONSTRUCTION CONTRACTORS BOARD; Dennis Zurlinden and Sharie Zurlinden, Respondents.

Court of Appeals of Oregon.

Decided February 12, 1997.


Attorney(s) appearing for the Case

Matthew Sutton, Medford, argued the cause for appellant-cross-respondent and petitioners. With him on the briefs were Douglas J. Richmond and Kellington, Krack, Richmond & Blackhurst.

John R. Huttl, Medford, argued the cause for respondents-cross-appellants and respondents Zurlinden. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson & Clarke, P.C.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent Construction Contractors Board. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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


ARMSTRONG, Judge.

In this consolidated appeal and petition for judicial review, plaintiff Wilkes1 appeals an award of attorney fees to defendants Zurlindens in a judgment of the circuit court and an order of the Construction Contractors Board (CCB). The Zurlindens cross-appeal the circuit court's failure to award them damages on their counterclaim. We reverse on the appeal and judicial review and affirm on the cross-appeal.

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