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KMT ENTERPRISES, INC. v. NYSSEN

C95 0708 CV; CA A94419.

959 P.2d 640 (1998)

154 Or. App. 477

KMT ENTERPRISES, INC., an Oregon corporation, Respondent, v. Donald R. NYSSEN and Marsha R. Nyssen, Appellants, Migrant and Indian Coalition for Coordinated Childcare, an Oregon nonprofit corporation, Defendant.

Court of Appeals of Oregon.

Decided June 17, 1998.

Attorney(s) appearing for the Case

Barton C. Bobbitt, Portland, argued the cause for appellants. With him on the briefs was Duncan Honn, P.C.

Michael J. Morris, Portland, argued the cause for respondent. With him on the brief was Bennett, Hartman, Reynolds & Wiser.

Before LANDAU, P.J., and DEITS, C.J., and WOLLHEIM, J.

LANDAU, Presiding Judge.

Defendants Donald and Marsha Nyssen own a commercial building that is specially suited for a child care facility. In 1989, the Nyssens leased the building to plaintiff KMT Enterprises, Inc. (KMT) for a five-year term. In early 1993, KMT began negotiating a sublease and sale of business assets to the Migrant and Indian Coalition for Coordinated Childcare (MIC). MIC required a ten-year sublease, which was longer than the term left on KMT's lease...

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