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MARKUS v. CLARK

95-91115; CA A94933.

941 P.2d 1086 (1997)

149 Or. App. 156

Curt MARKUS and Howard Thompson, dba Soft Tech Building Systems, Inc., an Oregon corporation, Respondents, v. Reed O. CLARK and Inter-America Shipping, Inc., a California corporation, Appellants.

Court of Appeals of Oregon.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Frederick A. Morgan argued the cause and filed the briefs for appellants.

John A. Wolf argued the cause and filed the brief for respondents.

Before WARREN, P.J., and EDMONDS, J., and JOSEPH, Senior Judge.

JOSEPH, Senior Judge.

Plaintiffs brought this contract action against defendants. The dispute went to mandatory arbitration, in which plaintiffs prevailed. Defendants then filed a notice of appeal and a request for trial de novo pursuant to ORS 36.425(2)(a). In the trial without a jury, defendants did not challenge the sufficiency of plaintiffs' complaint, made no objections to any evidence and did not move for dismissal pursuant to ORCP 54 B(2) at the close...

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