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PRIME PROPERTIES, INC. v. LEAHY

071011594, A138138.

228 P.3d 617 (2010)

234 Or. App. 439

PRIME PROPERTIES, INC., an Oregon corporation, Plaintiff-Respondent, v. Leonard James LEAHY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Monica L. Finch argued the cause for appellant. On the opening brief and with her on the reply brief was Eli D. Stutsman.

Joseph A. Yazbeck, Jr., Portland, argued the cause for respondent. With him on the brief was Yazbeck, Cloran & Hanson, LLC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant appeals a judgment based on an arbitrator's award of damages in plaintiff's favor. Defendant assigns error to the trial court's denial of his petition to vacate the arbitration award and the court's entry of the judgment. He argued to the trial court that, because plaintiff's attorney was represented in an unrelated matter by an attorney in the arbitrator's law firm, the court was required to vacate the award under ORS 36.705 based on "evident...

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