# Marquam Investment Corp. v. Beers

> Court of Appeals of Oregon · April 27, 1981 · 51 Or. App. 819

URL: https://www.frixlaw.com/law-library/cases/6928470

## Case

- **Full name:** MARQUAM INVESTMENT CORPORATION v. BEERS
- **Court:** Court of Appeals of Oregon
- **Decided:** April 27, 1981
- **Citations:** 51 Or. App. 819; 627 P.2d 491; 1981 Ore. App. LEXIS 2452
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Campbell, Gillette, Roberts, Tempore
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6928470

## Opinion text

ROBERTS, J.,
dissenting.
I dissent because I do not agree with the majority that defendant’s appearance was "more like that of a party amicus curiae” or that "[s]he did not * * * '[succeed] in protecting the rights of others as much as [her] own.’ ” The Attorney General’s appearance was to defend the constitutionality of the act, not to protect the rights of the defendant. Defendant had that responsibility and in assuming that responsibility she "succeeded in protecting the rights of others * * Plaintiff could have tested the constitutionality of the statute without naming Myers as defendant. It did not do so; it should be required to pay Myers’ attorney fees.
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6928470. Public record. Not legal advice.