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FLYING TIGER LINE v. PORTLAND TRADING CO.

TC A7807-11307; CA 13127; SC 27070.

624 P.2d 117 (1981)

290 Or. 605

The FLYING TIGER LINE, Inc., a Delaware Corporation, Respondent, v. PORTLAND TRADING COMPANY, an Oregon Corporation, Petitioner, v. Western Garment Associates, Inc., a Nevada Corporation, Henry M. Cohn, Douglas Cohn and Kathryn Cohn, Respondents.

Supreme Court of Oregon.

Decided March 4, 1981.

Attorney(s) appearing for the Case

James N. Westwood, of Miller, Nash, Yerke, Wiener & Hager, Portland, argued the cause for petitioner. With him on brief was Richard A. Cantlin, Jr., Portland.

F. Gordon Allen, of Bolliger, Hampton & Tarlow, P.C., Portland, filed a brief, for respondent The Flying Tiger Line, Inc.

S. Ward Greene, of McMenamin, Joseph, Herrell & Babener, Portland, argued the cause and filed briefs for respondents Western Garment Associates, Inc., Henry M. Cohn, Douglas Cohn and Kathryn Cohn.

Before TONGUE, P.J., and HOWELL, LENT, LINDE and PETERSON, JJ.

LINDE, Justice.

The issue before us concerns the propriety of an award by the Court of Appeals of attorney fees to a successful appellant in that court. The issue arose as follows:

Portland Trading Co. sold a division of its business to Western Garment Associates, Inc. The sales agreement contained this clause:

"Section 5.2 Indemnification. Western agrees to indemnify Trading from and against any and...

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