ALBANY & EASTERN RAILROAD CO. v. MARTELL

(SC S066941) (CC 13CV00291).

475 P.3d 437 (2020)

367 Or. 139

ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, Respondent on Review. v. Michael MARTELL and Cindy Martell, a married couple; John Harcrow and Elaine Harcrow, a married couple; Jeffrey Kaiser and Beverly Kaiser, a married couple; Joanne Fagan, an individual; Ray McMullen and Michelle McMullen, a married couple; Jeremy Orr and Karen Orr, a married couple; Richard Hutchins and Jill Hutchins, a married couple; Laura Mithoug, an individual, Petitioners on Review.

Supreme Court of Oregon, En Banc.

October 15, 2020.


Attorney(s) appearing for the Case

Martin E. Hansen , Francis Hansen & Martin, LLP, Bend, filed the petition for reconsideration and objection to attorney fees on behalf of respondent on review.

Dan Armstrong , Heilig Misfeldt & Armstrong, LLP, Corvallis, filed the response to the petition for reconsideration, the petitions for attorney fees and costs, and the reply to the objection on behalf of petitioners on review.


Plaintiff Albany & Eastern Railroad Company (AERC) petitions this court for reconsideration of its decision in Albany & Eastern Railroad Co. v. Martell, 366 Or. 715, 469 P.3d 748 (2020). In Albany & Eastern Railroad Co., this court ruled in favor of defendants, holding that the trial court correctly had concluded...

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