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A & E SEC. & ELECTRONIC v. FORTALESA INC.

CV080042; A146047.

290 P.3d 861 (2012)

253 Or. App. 448

A & E SECURITY AND ELECTRONIC SOLUTIONS, INC., an Oregon corporation, Plaintiff-Appellant, v. FORTALESA, INCORPORATION, an Oregon corporation, dba Mercado Abastos, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 7, 2012.

Attorney(s) appearing for the Case

Erin C. Walters argued the cause and filed the brief for appellant.

Truman A. Stone , Newberg, argued the cause for respondent. With him on the brief was Brown, Tarlow, Bridges, Palmer & Stone PC.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

This case requires us to determine whether ORS 20.083 authorizes a court to award attorney fees to a party that successfully sues for rescission of a contract. That statute provides that, in a contract action in which a statute or the contract authorizes an attorney-fee award, the prevailing party is entitled to an award of attorney fees "even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void...

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