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LUMBERMEN'S v. DAKOTA VENTURES

No. CV 95-191; CA A96116.

971 P.2d 430 (1998)

157 Or. App. 370

LUMBERMEN'S, a Washington corporation licensed to do business in Oregon, Respondent, v. DAKOTA VENTURES, an Oregon Business Trust, and the Rothburg Group, Defendants, and Paul Simmons, Appellant. Dakota Ventures, a business trust, Cross-Claim Plaintiff, v. Paul Simmons, Cross-Claim Defendant. Paul Simmons, Third-Party Plaintiff, v. Allyn Smaaland, Judy Smaaland and Dakota Ventures, Third-Party Defendants.

Court of Appeals of Oregon.

Decided November 25, 1998.

Attorney(s) appearing for the Case

Robert S. Simon, Oregon City, argued the cause for appellant. With him on the briefs was The Robert S. Simon Law Firm.

Allyn Brown, Newberg, argued the cause for respondent. With him on the brief was Brown, Tarlow, Smith & Bridges, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

The issue on appeal in this breach of contract action is whether defendant was entitled to attorney fees pursuant to ORS 20.096. After plaintiff filed an ORCP 54 A(1) notice of voluntary dismissal, defendant asserted an entitlement to attorney fees and moved to amend his answer to plead the right to attorney fees. The trial court denied the request for attorney fees and defendant's motion to amend. Defendant appeals, and we affirm.

Defendant, Paul...

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