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RATHGEBER v. JAMES HEMENWAY, INC.

16-98-20193; A108783

30 P.3d 1200 (2001)

176 Or. App. 135

Tom RATHGEBER and Karen Rathgeber, Respondents, v. JAMES HEMENWAY, INC., dba Hemenway Realtors/Better Homes & Gardens; and William Zobel, Appellants, and Oregon Exterminating Company, Inc. aka Oregon Exterminators; and Charles C. Odedo, Defendants.

Court of Appeals of Oregon.

Decided August 15, 2001.

Attorney(s) appearing for the Case

Janet M. Schroer argued the cause for appellants. With her on the briefs were Marjorie A. Speirs and Hoffman, Hart & Wagner, LLP, Portland.

George W. Kelly, Eugene, argued the cause and filed the brief for respondents.

Andrea L. Bushnell filed the amicus curiae brief for Matt Farmer, Springfield, and Oregon Association of Realtors®.

Charles Robinowitz, Portland, filed the amicus curiae brief for Oregon Trial Lawyers Association.

Before LANDAU, Presiding Judge, and WOLLHEIM and BREWER, Judges.

BREWER, J.

Defendants appeal from a judgment on a jury verdict for plaintiffs in this action for breach of fiduciary duties and violation of the Unfair Trade Practices Act (UTPA), ORS 646.605 to ORS 646.652. The action arose in connection with a real estate transaction in which defendants represented plaintiffs as buyers' agents. Defendants contend that the trial court erred in denying motions to strike plaintiffs' claim for emotional distress damages and for a directed...

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