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MENASHA FOREST PRODUCTS v. CURRY CTY. TITLE

(CC 06CV0844; CA A137464; SC S058450).

249 P.3d 1265 (2011)

350 Or. 81

MENASHA FOREST PRODUCTS CORPORATION, Respondent on Review, v. CURRY COUNTY TITLE, INC., and Transnation Title Insurance Company, Petitioners on Review.

Supreme Court of Oregon.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Jonathan M. Radmacher, McEwen Gisvold LLP, Portland, argued the cause and filed the brief for petitioners on review.

Gary Roberts, Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause and filed the brief for respondent on review.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

DURHAM, J.

The issue in this action is whether defendants are entitled to an award of attorney fees against plaintiff and, if so, the amount of the award. An escrow contract between plaintiff Menasha Forest Products Corporation and defendant Curry County Title, Inc. (CCT) provided that if CCT prevailed in an action based on the contract, CCT would be entitled to "reasonable attorney fees expended or incurred[.]" Plaintiff brought an action for breach of contract against...

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