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WEITMAN EXCAVATION, v. CPM DEVELOPMENT CORP.

No. 110506898; 120100334; A153619.

368 P.3d 66 (2016)

276 Or. App. 583

WEITMAN EXCAVATION, LLC, an Oregon limited liability company, Plaintiff-Respondent Cross-Appellant, v. CPM DEVELOPMENT CORPORATION, dba Icon Materials, a foreign corporation, Defendant-Appellant Cross-Respondent. CPM DEVELOPMENT CORPORATION, dba Icon Materials, Petitioner-Appellant Cross-Respondent, v. Weitman Excavation, LLC, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided February 24, 2016.

Attorney(s) appearing for the Case

Brett M. Hill argued the cause for appellant-cross-respondent. With him on the briefs was John P. Ahlers

Roger J. Leo , Portland, argued the cause and filed the brief for respondent-cross-appellant.

Before EGAN, Presiding Judge, and SHORR, Judge, and WILSON, Senior Judge.

This is an appeal of a trial court judgment awarding plaintiff, Weitman Excavation, LLC, its attorney fees under ORS 36.715 and an enhanced prevailing party fee under ORS 20.190. Defendant, CPM Development Corporation, challenges both of those awards on appeal. Defendant argues, among other things, that the trial court erred in awarding...

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