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KIZER EXCAVATING v. STOUT BLDG. CONTRACTORS

A177168.

525 P.3d 883 (2023)

324 Or. App. 211

KIZER EXCAVATING CO., an Oregon corporation, Plaintiff-Appellant Cross-Respondent, v. STOUT BUILDING CONTRACTORS, LLC, a Utah limited liability company, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

February 15, 2023.

Attorney(s) appearing for the Case

Paul B. Barton argued the cause for appellant-cross-respondent. Also on the briefs were Alexander Graven and Olsen Barton LLC.

Holly E. Pettit , Portland, argued the cause for respondent-cross-appellant. Also on the briefs were Peter J. Viteznik , Portland, and Kilmer Voorhees & Laurick, P.C.

Before Egan, Presiding Judge, and Kamins, Judge, and Hadlock, Judge pro tempore.

This appeal concerns an action arising out the excavation of a commercial construction project in Dallas, Oregon. Plaintiff Kizer Excavating Co., the excavation subcontractor, appeals from a judgment in its favor on its quantum meruit claim, assigning error to the trial court's rejection of its request for attorney fees. Defendant...

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