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GILBERT v. MEC OREGON RACING, INC.

080202071; A141715.

251 P.3d 788 (2011)

241 Or. App. 631

John GILBERT; Thomas K. Hatfield, Trustee of the Hatfield Irrevocable Trust Sella Hatfield Interest; Margaret S. Ivers; Ellen Leigh; Donna Jensen Family, LLC; Diane L. Nikkila; First Independent Bank, as Trustee for William L. Seibel Exempt Qtip Trust; First Independent Bank, as Trustee for William L. Seibel Nonexempt Qtip Trust; Julie L. Mayfield; William R. Hatfield; Susan E. Hatfield; Anderson Living Trust; and Robert Wood, Plaintiffs-Respondents, v. MEC OREGON RACING, INC., an Oregon corporation; and MEC Land Holdings (Oregon), LLC, an Oregon limited liability company, Defendants-Appellants.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Richard L. Baum argued the cause for appellants. With him on the briefs were Rebecca Thiebes Gross and Roberts Kaplan LLP.

Eric S. Postma, Portland, argued the cause for respondents. With him on the brief were Gary M. Bullock, Meredith Boyden, and Gary M. Bullock and Associates, P.C.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.

LANDAU, J. Pro Tempore.

At issue in this case is the construction of a contract that governs the fees that the operators of the Portland Meadows horse racing track must pay to the owners of the race track for wagering on horse races that are "simulcast" from other horse racing sites. The decades-old contract, which was executed before simulcasting of off-track races was permitted, describes two different fees: one that applies to "race meets" conducted during the...

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