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FRESK v. KRAEMER

0001-00693; A115184.

60 P.3d 1147 (2003)

185 Or.App. 582

Miriam FRESK, Respondent, v. Nathan KRAEMER, Appellant.

Court of Appeals of Oregon.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellant. With him on the briefs was Lehner, Mitchell, Rodrigues & Sears, LLP.

Michael H. Bloom, Portland, argued the cause for respondent. With him on the brief was Bloom & Schuckman, P.C.

M. Max Williams II and Miller Nash LLP, Portland, filed the brief amicus curiae for National Association of Independent Insurers.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

Defendant appeals from a supplemental judgment and second supplemental judgment awarding plaintiff costs and attorney fees pursuant to ORS 20.080(1). The dispositive issue here is one that we expressly reserved in Reed v. Jackson County Citizens League, 183 Or.App. 89, 96 n. 8, 50 P.3d 1287 (2002): When a prelitigation offer to pay money is conditioned upon a discharge of...

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