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INTERSTATE ROOFING, INC. v. SPRINGVILLE CORP.

C04-3118CV, C052402CV, A133785.

191 P.3d 743 (2008)

221 Or. App. 604

INTERSTATE ROOFING, INC., an Oregon corporation, Plaintiff, v. SPRINGVILLE CORPORATION, fka Springville Associates, Inc., an Oregon corporation, Defendant. Interstate Roofing, Inc., an Oregon corporation, Plaintiff-Appellant, v. KVN Construction, Inc., an Oregon corporation; RCD, Inc.; ACS Contracting, Inc., fka Third Day Development, Inc., an Oregon corporation; Michael Angelo Construction, Inc, an Oregon corporation; fka Michael Angelo Construction, Inc., an Oregon corporation; and Prima Donna Development Corporation, a California corporation, Defendants, and Rideout Brothers Construction, LLC, an Oregon limited liability company, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Janet Schroer, Portland, argued the cause for appellant. With her on the briefs were Marjorie A. Spiers and Hoffman, Hart & Wagner, LLP.

Charles Denkers argued the cause and filed the brief for respondent.

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

WOLLHEIM, J.

Plaintiff Interstate Roofing, Inc. (Interstate) appeals a judgment that awarded attorney fees to defendant Rideout Brothers Construction, LLC (Rideout). Interstate argues that the trial court had no legal basis on which to award those fees. Rideout, in response, contends that the trial court correctly awarded attorney fees under ORCP 47 G, which permits an award of attorney fees where a party has, in opposition...

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