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LORD ELEC. CO. v. PACIFIC INTERMOUNTAIN EXP.

578 P.2d 776 (1978)

282 Or. 335

LORD ELECTRIC COMPANY, Inc., Respondent, v. PACIFIC INTERMOUNTAIN EXPRESS CO., Appellant.

Supreme Court of Oregon.

Argued and Submitted April 3, 1978.

Attorney(s) appearing for the Case

Michael S. Sommers, Portland, argued the cause for appellant. With him on the brief were Robert Kovsky, and Day & Prohaska, P.C., Portland.

Elizabeth G. Patterson, Portland, argued the cause for respondent. With her on the brief were Clifford N. Carlsen, Jr., and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before DENECKE, C.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.

BRYSON, Justice.

Plaintiff (Lord) filed this action against defendant (P.I.E.) to recover damages to property incurred during transit and attorney fees pursuant to ORS 20.080(1). The case was tried before the court on stipulated facts. The trial court entered judgment in favor of plaintiff in the amount of damages as stipulated, together with attorney fees. Defendant appeals.

Defendant's sole assignment of error is:

"The court erred in failing to...

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