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HIGHWAY COM. v. ZACHARY

230 Or. 381 (1962)

370 P.2d 237

STATE HIGHWAY COMMISSION v. ZACHARY ET AL

Supreme Court of Oregon.

Affirmed April 4, 1962.

Attorney(s) appearing for the Case

Joel B. Reeder, Medford, argued the cause for appellants. On the briefs were Jones, Reeder & Bashaw, Medford.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas, Assistant Attorney General and Chief Counsel for the Oregon State Highway Commission, and William A. Mansfield, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

McALLISTER, C.J.

This is a proceeding to condemn land in Jackson county for the relocation of the Pacific Highway. The jury awarded defendants an amount greater by about $15,000 than that tendered them by the highway commission before it commenced the action. Thereafter the judge held a hearing and pursuant to ORS 366.380 (9)1 allowed the defendants an attorney's fee of $3,750. Defendants appeal.

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