Opinion
D8203-01935; CA A30113
On petitions for attorney fees filed April 25 and April 28.
Petitions denied August 20, 1986.
Appeal from Circuit Court, Multnomah County, John C. Beatty, Jr., Judge.
On respondents' H.C. Jordan, Walter J. Reid, and Garry O. Pitsch petition for attorneys fees filed April 25, 1986; and respondent John R. Davidson's petition for attorney fees filed April 28, 1986.
Jack L. Kennedy, and Kennedy, King Zimmer, Portland, for the motion for respondents H.C. Jordan, Walter J. Reid, and Garry O. Pitsch.
Don G. Carter, and McEwen, Gisvold, Rankin Stewart, Portland, for the motion for respondent John R. Davidson.
Donale H. Mullins, and Schweppe, Krug Tausend, P.S., Portland; John S. Ransom, and Ransom, Blackman Simson, Portland, appeared contra for appellant Sabre Farms, Inc.
Before Young, Presiding, Judge, and Joseph, Chief Judge, and Warren and Deits, Judges.
PER CURIAM
Petitions denied.
Defendants Jordan, Reid and Pitsch, collectively, and Davidson, separately, have petitioned for an order allowing them to recover attorney fees incurred by them in connection with the appeal brought by plaintiff. Sabre Farms, Inc. v. Jordan, 78 Or. App. 323, 717 P.2d 156 (1986). The petitions are founded on a provision in plaintiff's articles of incorporation providing for indemnification of its directors, officers or employes for reasonable expenses incurred in connection with litigation arising out of their performance of duties. Although, as we said in our opinion, 78 Or App at 330-332, the articles provide for indemnification in litigation such as this, they do not provide for the officers and directors to recover fees by merely filing a petition or motion as prevailing parties on appeal.
The relevant provision of the articles is set out in full in our opinion. 78 Or App at 330 n 5.
Petitions denied.