NORTHWEST COUNTRY PLACE v. NCS HEALTHCARE

0204-03349; A122110.

119 P.3d 272 (2005)

201 Or. App. 448

NORTHWEST COUNTRY PLACE, INC., an Oregon corporation, Respondent, v. NCS HEALTHCARE OF OREGON, INC., an Ohio corporation, registered to do business in Oregon, Appellant.

Court of Appeals of Oregon.

Decided September 8, 2005.


Attorney(s) appearing for the Case

Timothy R. Volpert, Portland, argued the cause for appellant. With him on the briefs were Kent B. Thurber, Jeff Lindberg, and Davis Wright Tremaine LLP.

Gary Harrell, Portland, argued the cause for respondent. On the brief were Mary A. Nester and Harrell & Nester, LLP.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

Defendant appeals from a judgment that (1) rejected its counterclaim for breach of contract and (2) determined that defendant was not entitled to attorney fees notwithstanding that defendant had prevailed against plaintiff's breach of contract claim. Defendant raises two primary contentions. First, defendant contends that the trial court's expressed reasoning is internally inconsistent and, in all events, is irreconcilable with its disposition of defendant...

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