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INBOUND v. DEPT. OF FORESTRY

08C18347; A140921.

252 P.3d 336 (2011)

241 Or. App. 619

INBOUND, LLC, an Oregon limited liability company, Plaintiff-Respondent, v. DEPARTMENT OF FORESTRY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Jeremy C. Rice, Assistant Attorney General, argued the cause for appellant. With him on the briefs were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Kevin J. Jacoby, Salem, argued the cause for respondent. With him on the brief was Paul R.J. Connolly.

Before ORTEGA, Presiding Judge, and ROSENBLUM, Judge, and LANDAU, Judge pro tempore.

LANDAU, J., Pro Tempore.

Plaintiff entered into a contract with defendant, the Oregon Department of Forestry (ODF), to provide firefighters for one fire season, with the possibility of extensions. ODF later informed plaintiff that it would not extend the contract to another season, however, based on the fact that plaintiff's rate exceeded a previously undisclosed "price cap" for the firefighting work. Plaintiff initiated this action for breach of contract and for...

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