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CITY OF EUGENE v. MONACO

(16-98-03917; CA A105054).

17 P.3d 544 (2000)

171 Or. App. 681

CITY OF EUGENE, a municipal corporation, Respondent, v. Joseph MONACO, dba Office Furniture Liquidators, Appellant.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Gary M. Georgeff, Brookings, argued the cause and filed the briefs for appellant.

Jens Schmidt, Eugene, argued the cause for respondent. With him on the brief was Harrang Long Gary Rudnick.

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

KISTLER, J.

Plaintiff City of Eugene filed this action against defendant Joseph Monaco for breaching a lease. Monaco counterclaimed for breach of the lease and for breach of the duty of good faith.1 Monaco appeals from a judgment in the city's favor. We affirm in part, reverse in part, and remand.

The city leased a building to Monaco2 in 1993. Monaco used the building to operate a discount furniture...

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