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PORTLAND TR. EQUIP., v. A-1 FREEMAN MVG

Oregon Court of Appeals.
Jun 28, 2000
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BREWER, J.

Reconsideration allowed; opinion modified and adhered to as modified.

BREWER, J.

Pursuant to ORAP 6.25, defendant Robertson petitions for reconsideration of our opinion, Portland Trailer Equipment, Inc. v. A-1 Freeman Moving, 166 Or. App. 651, 5 P.2d 604 (2000), in which we concluded that Oregon courts have personal jurisdiction over defendants pursuant to ORCP 4 L in this action. Defendant Robertson requests that we delete the bracketed language from the following sentences, 166 Or. App. at 653-54:

"Plaintiffs prevailed in the arbitration proceeding [and were awarded their attorney fees by the arbitrator]. Freeman requested trial de novo but ultimately dismissed the Oklahoma action without prejudice. [Under Oklahoma law, the dismissal effectively deprived plaintiffs of the attorney fees awarded by the arbitrator.]"

Plaintiffs and defendant Freeman have stipulated to the deletion. Therefore, we allow the petition and delete the language that is bracketed above.

Reconsideration allowed; opinion modified and adhered to as modified.