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BUTLER BLOCK, LLC v. TRIMET

080404925; A142060.

255 P.3d 665 (2011)

242 Or. App. 395

BUTLER BLOCK, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, an Oregon municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 27, 2011.

Attorney(s) appearing for the Case

Michael H. Simon argued the cause for appellant. With him on the briefs were Cody M. Weston and Perkins Coie LLP.

Joel A. Mullin , Portland, argued the cause for respondent. With him on the brief was Stoel Rives LLP.

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

HASELTON, P.J.

Plaintiff Butler Block, LLC (Butler Block) appeals, assigning error to the trial court's allowance of summary judgment in favor of defendant Tri-County Metropolitan Transportation District of Oregon (TriMet). On appeal, Butler Block raises a single assignment of error, contending that the trial court erred in granting summary judgment to TriMet because there are issues of material fact as to whether TriMet anticipatorily breached the parties...

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