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KIZER EXCAVATING v. STOUT BLDG. CONTRACTORS

A177168.

529 P.3d 1024 (2023)

325 Or. App. 642

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.

May 3, 2023.

Attorney(s) appearing for the Case

Paul B. Barton , Alexander Graven , and Olsen Barton LLC, for petition.

Holly E. Pettit , Peter J. Viteznik , Portland, and Kilmer, Voorhees & Laurick, PC, for response.

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

Plaintiff Kizer Excavating Co., an excavation subcontractor on a commercial construction project in Dallas, Oregon, seeks reconsideration of our opinion holding that the trial court erred in determining that plaintiff could recover damages on its quautum meruit claim, and holding that defendant Stout Building Contractors, LLC...

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