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McCARTHY v. OREGON FREEZE DRY, INC.

(CC 93-0020; CA A87840; SC S46603).

46 P.3d 721 (2002)

334 Or. 77

Terry B. McCARTHY, Petitioner on Review, v. OREGON FREEZE DRY, INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided May 9, 2002.

Attorney(s) appearing for the Case

William G. Wheatley, Jaqua & Wheatley, P.C., Eugene, argued the cause for petitioner on review. With him on the briefs was Nickolas Facaros, Facaros Dugan Rosas, Eugene.

William F. Gary, Harrang Long Gary Rudnick, P.C., Eugene, argued the cause and filed the brief for respondent on review. With him on the briefs were Judith Giers, Karla Alderman, and Brendan C. Dunn, Eugene.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

DURHAM, J.

The issue on review in this case is whether the Court of Appeals erred in awarding attorney fees on appeal to defendant. The Court of Appeals awarded attorney fees, because that court determined that plaintiff's arguments on appeal were frivolous, unreasonable, or without foundation. We disagree with that determination and reverse the order.

Plaintiff brought an action against defendant for, among other things, an unlawful employment practice. Plaintiff...

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