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BERGER FARMS v. FIRST INTERSTATE BANK

(TC 9509-06466; CA A91677; SC S44594)

995 P.2d 1159 (2000)

330 Or. 16

BERGER FARMS, an Oregon partnership; Keith A. Berger; Kenneth A. Berger; Rebecca Berger; Steven Berger, Petitioners on Review, v. FIRST INTERSTATE BANK OF OREGON, N.A., a national banking association, Respondent on Review.

Supreme Court of Oregon.

Decided March 3, 2000.

Attorney(s) appearing for the Case

Jeffrey M. Edelson, of Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, argued the cause for petitioners on review. David B. Markowitz filed the petition for review. J. David Yeager, David B. Markowitz, and Jeffrey M. Edelson filed the brief. Also on the petition and brief was Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland.

Thomas W. Sondag, of Lane Powell Spears Lubersky LLP, Portland, argued the cause and filed the brief for respondent on review.

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

CARSON, C.J.

Plaintiffs challenge a Court of Appeals order that awarded attorney fees to defendant on appeal under a contractual provision granting to the "prevailing party" the right to obtain reasonable attorney fees. We are presented with two questions on review: (1) whether the Court of Appeals had authority to award attorney fees, given its earlier conclusion that most of the parties' underlying dispute was subject to arbitration; and (2) whether defendant was...

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