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ASIATIC COMPANY (USA), INC. v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC.

9901-00510; A111483

52 P.3d 1112 (2002)

183 Or.App. 528

ASIATIC COMPANY (USA), INC., a Texas corporation, Appellant, v. EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., a Washington corporation, Respondent.

Court of Appeals of Oregon.

Decided August 28, 2002.

Attorney(s) appearing for the Case

Thomas F. Spaulding, Portland, argued the cause for appellant. With him on the briefs was Spaulding Cox & Schaeffer, LLP.

Frank V. Langfitt, III, Portland, argued the cause for respondent. With him on the briefs were Lori Irish Bauman and Ater Wynne LLP.

Before KISTLER, Presiding Judge, DEITS, Chief Judge, and BREWER, Judge.

PER CURIAM.

Plaintiff, an importer, appeals from a judgment dismissing its claims for damages against defendant, a customs broker and freight forwarder, for various commercial torts and granting defendant's counterclaim for freight charges. We reverse the trial court's award of costs and otherwise affirm.

The governing agreement between the parties provided that, if defendant were successful in any litigation, plaintiff would pay defendant's "expenses of collection...

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