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PHOENIX-TALENT SCHOOL DIST. #4 v. HAMILTON

Nos. 052105E2, A134433.

210 P.3d 908 (2009)

229 Or. App. 67

PHOENIX-TALENT SCHOOL DISTRICT #4, a political subdivision of the State of Oregon, Plaintiff-Respondent, v. Charlie HAMILTON and Michael Thirkill, Defendants-Appellants.

Court of Appeals of Oregon.

Decided June 10, 2009.

Attorney(s) appearing for the Case

Joseph E. Kellerman, Medford, argued the cause for appellants. With him on the briefs were Eric B. Mitton and Hornecker, Cowling, Hassen & Heysell, L.L.P.

Timothy C. Gerking, Medford, argued the cause for respondent. With him on the brief were Thaddeus G. Pauck and Brophy Mills Schmor Gerking Brophy & Paradis, LLP.

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

SERCOMBE, J.

Defendants Hamilton and Thirkill appeal from a limited judgment for plaintiff Phoenix-Talent School District #4 (district) on the district's claim for specific performance of an agreement to purchase real property from defendants and from a supplemental judgment awarding attorney fees to the district. Defendants assign error to the trial court's denial of their motion for summary judgment and to the granting of the district's

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