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DESS PROPERTIES, v. SHERIDAN TRUCK & EQUIP.

CV050095; A133224.

185 P.3d 1113 (2008)

220 Or. App. 336

DESS PROPERTIES, LLC, an Oregon limited liability company, Plaintiff, v. SHERIDAN TRUCK & HEAVY EQUIPMENT, LLC, an Oregon limited liability company, Defendant. Yamhill Forest Products, Inc., an Oregon corporation; and Sheridan Truck & Heavy Equipment, LLC, an Oregon limited liability company, Appellants, v. Dess Properties, LLC, an Oregon limited liability company, Respondent.

Court of Appeals of Oregon.

Decided June 11, 2008.

Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause and filed the briefs for appellants.

Thomas Tankersley, McMinnville, argued the cause for respondent. With him on the brief was Drabkin, Tankersley & Wright, LLC.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

This case is about the entitlement to prevailing party attorney fees arising from a dispute regarding whether a contract existed between the parties. ORS 20.083 provides:

"A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract...

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