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ATLAS COPCO INDUSTRIAL v. KARN REPAIR SERV.

(9802-01323; CA A107073)

18 P.3d 1102 (2001)

172 Or. App. 317

ATLAS COPCO INDUSTRIAL COMPRESSORS, INC., Appellant, v. KARN REPAIR SERVICE, INC., an Oregon corporation and Karn Equipment, Inc., a Washington corporation, Respondents.

Court of Appeals of Oregon.

Decided February 7, 2001.

Attorney(s) appearing for the Case

Bruce L. Campbell, Portland, argued the cause for appellant. With him on the briefs was Miller Nash LLP.

Roger K. Stroup, Portland, argued the cause for respondents. With him on the brief was Bodyfelt Mount Stroup & Chamberlain.

Before LINDER, Presiding Judge, and BREWER, Judge, and CENICEROS, Senior Judge.

LINDER, P.J.

Plaintiff Atlas Copco Industrial Compressors, Inc. (Atlas Copco) initiated a breach of contract action against defendants Karn Repair Service, Inc., and Karn Equipment, Inc. (Karn), which were distributors of its products. The gravamen of Atlas Copco's claim was that Karn failed to make payments on account balances owing for products supplied to it by Atlas Copco. Karn counterclaimed for breach of contract, for fraudulent representation, and for a setoff...

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