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WILKES v. ZURLINDEN

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

952 P.2d 569 (1998)

152 Or. App. 130

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 January 7, 1998.

Attorney(s) appearing for the Case

Matthew Sutton, Douglas J. Richmond and Kellington, Krack, Richmond, Blackhurst & Sutton, Medford, for appellant-cross-respondent and petitioners.

John R. Huttl and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, Medford, for respondents-cross-appellants and respondents Zurlinden.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Richard D. Wasserman, Assistant Attorney General, for respondent Construction Contractors Board.

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

ARMSTRONG, Judge.

In a consolidated appeal and petition for judicial review, plaintiff challenges an award of attorney fees to defendants in a judgment of the circuit court and an order of the Construction Contractors Board (CCB). Plaintiff brought an action for breach of contract against defendants, who counterclaimed, alleging breach of contract and negligence. The trial court found that defendants had not breached their contract with plaintiff and that defendants...

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