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FOR COUNSEL, INC. v. NORTHWEST WEB CO.

(CC 16-95-01360; CA A95309; SC S45616).

985 P.2d 1277 (1999)

329 Or. 246

FOR COUNSEL, INC., an Oregon corporation, Petitioner on Review, v. NORTHWEST WEB CO., an Oregon corporation, and Eugene Direct Mail Service, an Oregon corporation, Respondents on Review, and Roger Bullock, Defendant. Northwest Web Co., an Oregon corporation, Third-Party Plaintiff, v. Eugene Direct Mail Service, an Oregon corporation, Third-Party Defendant.

Supreme Court of Oregon.

Decided August 5, 1999.

Attorney(s) appearing for the Case

Christopher H. Kent, Portland, argued the cause for petitioner on review. With him on the brief were Sarah S. Conley, and Kent & Associates, P.C., Portland.

Barbara L. Johnston, Hillsboro, argued the cause for respondent on review Northwest Web Co. John F. Kilcullen, Eugene, argued the cause for respondent on review Eugene Direct Mail Service. With them on the joint brief were Brisbee & Stockton, Hillsboro, and Brown, Roseta, Long, McConville, Kilcullen & Carlson, Eugene.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and LEESON, Justices.

GILLETTE, J.

This case concerns the proper interpretation of ORCP 54 E, the rule of civil procedure that deals with pretrial offers of compromise. Under that rule, a party that declines a pretrial offer must obtain a judgment more favorable than the pretrial offer, or that party loses any right it otherwise might have had to be awarded costs or attorney fees incurred after the date of the offer. The issue presented is whether the rule permits pretrial offers to be...

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