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McCARTHY v. OREGON FREEZE DRY, INC.

93-0020; CA A87840.

976 P.2d 566 (1999)

158 Or. App. 654

Terry B. McCARTHY, Appellant, v. OREGON FREEZE DRY, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Nickolas Facaros, Gildea & Facaros, Eugene, and Emmons, Kropp, Kryger, Alexander, Egan & Allen, Albany, for appellant.

William F. Gary, Judith Giers, Emily K. Newton and Harrang Long Gary Rudnick, Eugene, for respondent.

Bruce H. Orr and Meyer & Wyse, LLP, Portland, for motion.

Before HASELTON, Presiding Judge, and LANDAU and ARMSTRONG, Judges.

LANDAU, J.

On remand from the Supreme Court, we are required to re-examine and explain the basis for our award of attorney fees to defendant. Based on the rule acknowledged in the line of cases culminating in Schlumberger Technologies, Inc. v. Tri-Met, 145 Or.App. 12, 21 n. 9, 929 P.2d 331 (1996), rev. den. 325 Or. 80, 934 P.2d 1126, modified on other grounds

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