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SCHIFFER v. UNITED GROCERS, INC.

94-2411-L-2; CA A87467.

922 P.2d 703 (1996)

143 Or. App. 276

Dwaine SCHIFFER and White City Development, Respondents, v. UNITED GROCERS, INC., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided August 28, 1996.

Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause for appellant. With him on the briefs were Paul G. Dodds and Brownstein, Rask, Arenz, Sweeney, Kerr & Grim.

Charles M. Zennache, Eugene, argued the cause for respondents. With him on the brief were R. Scott Palmer and Muhlheim Palmer Zennache & Wade.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Defendant United Grocers, Inc. appeals summary judgment for plaintiffs Dwaine Schiffer and White City Development in an action for declaratory relief. The trial court concluded that plaintiffs were not liable to defendant as co-obligors on a promissory note and were entitled to reasonable attorney fees incurred in litigating that question. We affirm.

The facts are uncontroverted. In 1989, Schiffer and John Gast located property in White City...

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