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KING v. NEVERSTILL ENTERPRISES, LLC

070708392; A141658.

248 P.3d 30 (2011)

240 Or. App. 727

Laura KING, Plaintiff-Respondent, v. NEVERSTILL ENTERPRISES, LLC, an Oregon limited liability company, and Lorrie Reierson, an individual, Defendants-Appellants.

Court of Appeals of Oregon.

Decided February 16, 2011.

Attorney(s) appearing for the Case

Thomas W. Brown , Portland, argued the cause for appellants. With him on the briefs was Cosgrave Vergeer Kester LLP.

Cary Novotny , Portland, argued the cause for respondent. With him on the brief was Brindle McCaslin & Brindle, P.C.

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

ARMSTRONG, J.

Defendants appeal a judgment in their favor in a breach of contract action. The trial court dismissed plaintiff's claim with prejudice pursuant to ORCP 54 B(2) but refused to award defendants their requested attorney fees and costs. Defendants raise two assignments of error, together amounting to an assertion that the court erred in refusing to award them their fees and costs. First, defendants argue that the court erred in concluding that, because plaintiff...

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