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BRAMEL v. BRANDT

0008-08291, A116484.

79 P.3d 375 (2003)

190 Or. App. 432

Eric BRAMEL and Audrey Bramel, Appellants, v. William D. BRANDT; Mark E. Griffin; James E. McCandlish; Paul M. Ferder; W. Wallace Ogdahl; Christopher J. Casebeer; Carla French; Griffin McCandlish, an Oregon partnership; Ferder, Brandt & French, LLP, an Oregon limited liability partnership; Ferder, Ogdahl, Brandt & Casebeer, an Oregon partnership; and William D. Brandt, P.C., an Oregon professional corporation, Respondents.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Cathy E. Crandall argued the cause for appellants. On the opening brief were Peter R. Chamberlain, Portland, and Bodyfelt Mount Stroup & Chamberlain LLP. On reply brief were James L. Hiller, Portland, and Hitt Hiller & Monfils LLP.

Peter R. Mersereau, Portland, argued the cause for respondent Mark E. Griffin. On the brief were Thomas W. McPherson and Mersereau & Shannon LLP.

Ralph C. Spooner, Salem, and Spooner Much & Ammann PC waived appearance for respondents Paul M. Ferder, W. Wallace Ogdahl, Christopher J. Casebeer, Carla French, Ferder Brandt & French LLP, and Ferder, Ogdahl, Brandt & Casebeer.

Susan K. Eggum, Portland, waived appearance for respondents William D. Brandt and William D. Brandt, PC.

Alan Gladstone, Portland, waived appearance for respondents James E. McCandlish and Griffin McCandlish, an Oregon corporation.

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

ARMSTRONG, J.

Plaintiffs retained defendants to represent them against Mac Tools and Stanley Works, Inc. (Mac/Stanley), for which they were distributors. Defendants negotiated a settlement agreement with Mac/Stanley on plaintiffs' behalf that contained as a settlement condition an agreement by Mac/Stanley to employ defendants. The effect of that provision was to prevent defendants from representing future claimants against Mac/Stanley. Plaintiffs signed the agreement...

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