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BEGGS v. HART

04C10033; A133290.

191 P.3d 747 (2008)

221 Or. App. 528

Steven D. BEGGS, Plaintiff-Respondent, Cross-Appellant, v. Michael S. HART, dba E-Z Grade, Defendant-Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

L.E. Ashcroft and Ashcroft Wiles Ammann, LLP filed the opening brief for appellant-cross-respondent. On the reply brief was David B. Wiles.

Jeffrey M. Edelson, Paul S. Bierly, Portland, and Markowitz, Herbold, Glade & Mehlhaf, P.C. filed the brief for respondent-cross-appellant.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

This appeal arises from an action in equity in which plaintiff sought, among other relief, a declaration that a noncompetition agreement was unenforceable. Defendant counterclaimed for an accounting, for specific enforcement of a contractual right to exercise an option to purchase plaintiff's truck, and for a declaration that the noncompetition agreement was enforceable. Also, each party sought an award of attorney fees as the prevailing party. The trial...

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