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RAMEX, INC. v. NORTHWEST BASIC INDUSTRIES

98-0506-L-2; A107986

29 P.3d 1211 (2001)

176 Or. App. 75

RAMEX, INC., an Oregon corporation; Ron Gibson; Shon Gibson; and Custom Rock and Minerals, an Oregon corporation, Appellants, v. NORTHWEST BASIC INDUSTRIES, an Alaska corporation; Paul Thomason; Paul Johnson; and Dick Simmons, Respondents, and Railtex, a Texas corporation; and Central Oregon & Pacific Railroad, Inc., a Delaware corporation, Defendants.

Court of Appeals of Oregon.

Decided August 15, 2001.

Attorney(s) appearing for the Case

John R. Huttl, Medford, filed the brief for appellants.

James R. Dole, Grants Pass, filed the brief for respondents Northwest Basic Industries, Paul Thomason, Paul Johnson, and Dick Simmons.

James V. Shepherd, Jon V. Buerstatte, and Gleaves Swearingen Larsen Potter Scott & Smith LLP, Eugene, filed the brief for defendants RailTex and Central Oregon & Pacific Railroad, Inc.

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

KISTLER, J.

The trial court granted defendants' motions to dismiss plaintiffs' complaint because their claims were barred by issue preclusion. The court awarded an enhanced prevailing party fee to defendants and entered judgment in their favor. Plaintiffs appealed, and defendants have moved to dismiss the appeal because plaintiffs paid the judgment voluntarily. We deny defendants' motion to dismiss the appeal, reverse the trial court's judgment, and remand for further...

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