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MORTON & ASSOCIATES, LLC v. McCAIN FOODS USA, INC.

050606342; A135606.

204 P.3d 167 (2009)

226 Or. App. 532

MORTON & ASSOCIATES, LLC, an Oregon limited liability company, Plaintiff-Appellant, v. McCAIN FOODS USA, INC., a corporation, Defendant-Respondent, and Institutional Food Service Associates, Inc., a corporation, dba Western Foodservice Marketing; IFSA-Oregon, Inc., a corporation, dba Western Foodservice Marketing; Foodbroker Customer Service, Inc., a corporation, dba Western Foodservice Marketing; Lynn Nye, aka Lynn C. Kier, aka Lynn Kier-Nye, an individual; Kent L. Pfeifer, an individual; Michael Anderson, an individual and Does 1-10, Defendants. Lynn Nye, aka Lynn C. Kier, aka Lynn Kier-Nye, an individual, Counterclaim Plaintiff, v. Morton & Associates, LLC, an Oregon limited liability company, Counterclaim Defendant.

Court of Appeals of Oregon.

Decided March 19, 2009.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs were Cosgrave Vergeer Kester LLP, Gary J. Lekas, and Gary J. Lekas, P.C.

David S. Barritt argued the cause for respondent. With him on the brief were Chapman & Cutler LLP, James N. Westwood, Jeremy D. Sacks, Timothy W. Snider, and Stoel Rives LLP, Portland.

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

EDMONDS, P.J.

Plaintiff appeals from a judgment in favor of defendant on plaintiff's action for breach of the parties' brokerage agreements. On defendant's summary judgment motion, the trial court ruled that the agreements could be terminated without cause. We review the record in the light most favorable to the nonmoving party, plaintiff, in order to determine whether there are any genuine issues of material fact and whether defendant is entitled to judgment as a...

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