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ALDERMAN v. DAVIDSON

94-00184CV; CA A91510.

965 P.2d 1063 (1998)

156 Or. App. 478

Marlys V. ALDERMAN, now known as Vicki Alderman Forell, Respondent—Cross-Appellant, v. Christine A. DAVIDSON and Sharon Mallory, Appellants—Cross-Respondents.

Court of Appeals of Oregon.

Decided October 7, 1998.

Attorney(s) appearing for the Case

Paul B. Heatherman and Ray A. Babb & Associates, Bend, for Appellants-Cross-Respondents.

Donald R. Crane, Klamath Falls, for Respondent-Cross-Appellant.

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

PER CURIAM.

Plaintiff filed this action to foreclose a trust deed. Defendant counterclaimed for damages for trespass to the property. The trial court found against both claims. The trust deed contains an attorney fees provision that, as a result of ORS 20.096, benefits whichever party prevails on the issues that arise from the trust deed. The trial court, nevertheless, declined to award defendant attorney fees on the ground that neither party prevailed in the action...

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