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TAYLOR v. RAMSAY-GERDING CONSTRUCTION CO.

015188; A129361.

173 P.3d 1225 (2007)

216 Or. App. 441

H.H. TAYLOR, C.A. Taylor, and Taylor & Taylor, Inc., an Oregon corporation, Plaintiffs-Respondents, v. RAMSAY-GERDING CONSTRUCTION COMPANY, an Oregon corporation, Defendant-Appellant, and ChemRex, Inc., a foreign corporation, Defendant. Ramsay-Gerding Construction Company, an Oregon corporation, Third-Party Plaintiff, v. TFC Enterprises, Inc., an Oregon corporation, dba Finishers Drywall; ChemRex, Inc., a foreign corporation; Century West Engineering Corporation, an Oregon corporation; and Wyatt Architects and Associates, P.S., Third-Party Defendants.

Court of Appeals of Oregon.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Ralph C. Spooner, Salem, argued the cause for appellant. With him on the briefs were Melissa J. Ward and Spooner & Much, P.C.

James N. Westwood, Portland, argued the cause for respondents. With him on the brief were Stoel Rives LLP, David A. Hilgemann, and Law Offices of David Hilgemann.

Before EDMONDS, Presiding Judge, and ORTEGA, Judge, and BREITHAUPT, Judge pro tempore.

PER CURIAM.

Defendant Ramsay-Gerding Construction Company appeals a judgment that awarded attorney fees to plaintiffs. Based on our recent decision in a related case, Taylor v. Ramsay-Gerding Construction Co., 215 Or.App. 670, 172 P.3d 251 (2007) (Taylor I), we vacate the judgment awarding fees.

Defendant was plaintiffs' general contractor for the construction of a hotel...

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