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J.C. COMPTON CO. v. BREWSTER

97C-12191; A104352.

59 P.3d 1288 (2002)

185 Or.App. 382

J.C. COMPTON COMPANY, an Oregon corporation, dba River-Bend Sand & Gravel Co. and Valley Concrete, Respondents, v. Ronald BREWSTER; Jerry Molan; Daniel L. Kerr; Unique Concrete Products, Inc., an Oregon corporation; DK Concrete, LLC, dba Unique Concrete Services; John Does 1, 2, and 3; and John Doe Legal Entities 1, 2, and 3, Defendants, and DK Investment Company, LLC, Appellant. Jerry L. Molan, Third-Party Plaintiff, v. DK Concrete, LLC, Third-Party Defendant. DK Investment Company, LLC, on behalf of Unique Concrete, Third-Party Plaintiff, v. River-Bend Sand & Gravel Co., and Valley Concrete; Jerry Molan; Ronald Brewster; DK Concrete, LLC, dba Unique Concrete Services; and Tom Bauer, Third-Party Defendants.

Court of Appeals of Oregon.

Decided December 11, 2002.

Attorney(s) appearing for the Case

Clayton C. Patrick, Dallas, argued the cause and filed the briefs for appellant.

D. Michael Mills, Salem, argued the cause and filed the brief for respondents.

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

SCHUMAN, J.

In this contract dispute between two businesses, defendant DK Investment Company, LLC,1 appeals from adverse judgments for damages and attorney fees. Based on a special verdict form, the trial court concluded that defendant breached a contract that it had formed with plaintiff J.C. Compton Company (the breach of contract claim) and, alternatively, that plaintiff could reach defendant in its capacity as a member of a limited...

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