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WEBER v. MAHLER

(94-09-272 CV; CA A99095)

986 P.2d 1273 (1999)

163 Or. App. 186

Les WEBER, Appellant, v. John MAHLER and Lavela Mahler, husband and wife, dba John Day True Value Hardware; and John Mahler, personally, Respondents.

Court of Appeals of Oregon.

Decided September 29, 1999.

Attorney(s) appearing for the Case

Foster A. Glass, John Day, argued the cause and filed the brief for appellant.

Mike Kilpatrick, Mount Vernon, argued the cause for respondents. On the brief were Rita M. Edwards and Kilpatricks.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

KISTLER, J.

Plaintiff appeals from a judgment dismissing his action with prejudice and awarding defendants attorney fees based on plaintiff's discovery violations. We reverse the judgment dismissing plaintiff's action but affirm the award of attorney fees.

In September 1994, plaintiff filed a complaint alleging breach of contract, fraud, and an alternative wage claim against defendants. Defendants filed a request for production of documents. When plaintiff...

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