Marc Nelson Oil Products, Inc. v. Grim Logging Co.

Plaintiff petitions for reconsideration of our decision in Marc Nelson Oil Products, Inc. v. Grim Logging Co., 199 Or App 73, 110 P3d 120 (2005). For the reasons we identify below, we grant reconsideration and modify our prior decision and disposition.

At trial, both parties moved for summary judgment. The trial court granted plaintiffs motion and denied defendant’s. The trial court did so by way of an ORCP 67 B judgment that, in addition to granting summary judgment in favor of plaintiff, declared that plaintiff was entitled to “its reasonable attorney fees, costs and disbursements.”…