CENCI v. ELLISON CO.

CA 16255; SC 26824.

617 P.2d 254 (1980)

289 Or. 603

Carl F. CENCI, Plaintiff, v. THE ELLISON COMPANY, an Oregon Corporation, Petitioner, and Lee R. Schermerhorn, Respondent.

Supreme Court of Oregon.

Decided September 10, 1980.


Attorney(s) appearing for the Case

George Gregores, Portland, argued the cause and filed a brief for petitioner.

Elizabeth K. Reeve, Portland, argued the cause for respondent.

Before DENECKE, C.J., and HOWELL, LENT, LINDE, PETERSON and TANZER, JJ.


HOWELL, Justice.

The defendant The Ellison Company's appeal to the Court of Appeals was dismissed on motion of its co-defendant Schermerhorn. We granted review.

The parties to this appeal, The Ellison Company (hereinafter "Ellison") and Schermerhorn, were co-defendants in an action which resulted in a directed verdict for defendants. A remaining issue, however, was Ellison's cross-claim against Schermerhorn for attorney fees incurred in defending the action...

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