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YAMAHA STORE v. YAMAHA MOTOR CORP.

32901; CA A44218.

779 P.2d 1061 (1989)

98 Or.App. 290

The YAMAHA STORE of Bend, Oregon, Inc., Dba "the Yamaha Store", Respondent-Cross-Appellant, v. YAMAHA MOTOR CORPORATION, U.S.A., a California Corporation, Appellant-Cross-Respondent, and Benjamin H. Jacques, Jr., and Phillippe D. Jacques, Dba Bend Yamaha Snowmobile, Defendants. Yamaha Motor Corporation, U.S.A., a California Corporation, Counterclaim Plaintiff, v. Robert A. Nosler and John A. Nosler, Counterclaim Defendants.

Court of Appeals of Oregon.

Decided September 6, 1989.

Reconsideration Denied November 17, 1989.

Attorney(s) appearing for the Case

Peter C. Richter, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Jeffrey D. Austin and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Ronald L. Marceau, Bend, argued the cause for respondent-cross-appellant. With him on the briefs were David F. Berger and Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend.

Before GRABER, P.J., and JOSEPH, C.J., and RIGGS, J.

GRABER, Presiding Judge.

Defendant Yamaha Motor Corporation, U.S.A., appeals from a judgment for plaintiff The Yamaha Store of Bend, its former franchisee, in this action under ORS 646.010 to ORS 646.180, the Anti-Price Discrimination Law (the Act). Plaintiff cross-appeals from the trial court's refusal to award it "costs of suit" in addition to statutory costs under ORCP 68. We affirm on the appeal and on the cross-appeal.

Because the jury found for plaintiff...

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