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NORTHWEST PUMP & EQUIPMENT CO. v. STACH

(93-1616; CA A100623)

1 P.3d 466 (2000)

167 Or. App. 64

NORTHWEST PUMP & EQUIPMENT COMPANY, a Washington corporation, Appellant, v. Richard STACH, Dave Schmidt, Joel Fosdick in their capacity as the Linn County Board Of Commissioners; Neil D. Michael in his capacity as Linn County Roadmaster; and Ace Tank & Equipment Co., a Washington corporation, Defendants, and Linn County, a political subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided May 3, 2000.

Attorney(s) appearing for the Case

Larry D. Moomaw, Beaverton, argued the cause for appellant. With him on the briefs were Brien Hildebrand and Moomaw, Miller & Hildebrand.

Bruce L. Mowery, Salem, argued the cause and filed the brief for respondent.

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

ARMSTRONG, J.

Plaintiff appeals from a judgment that awarded it attorney fees under ORS 279.067(4). It contends that the court abused its discretion by awarding only $25,000 of the $79,000 that plaintiff had sought in fees. We vacate the award and remand for entry of findings that are sufficient to determine whether the court acted within its discretion in awarding fees.

The attorney-fee award arises out of litigation over defendant's compliance with public...

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