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KINCAID v. FITZWATER

477 P.2d 712 (1970)

David G. KINCAID and Mary E. Kincaid, Husband and Wife, Appellants, v. W. Dean FITZWATER and Patsy R. Fitzwater, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 9, 1970.

Attorney(s) appearing for the Case

Frank L. Whitaker, Portland, for the petition.

David C. Landis, Portland, Misko, Njust & Bowerman, Oregon City, and Gearin, Hollister & Landis, Portland, contra.

On Appellants' Petition for Rehearing Filed October 9, 1970.

McALLISTER, Justice.

The petition for rehearing prays only for clarification of the concluding sentence of our opinion, 474 P.2d 742, which said: "Plaintiffs are entitled to their costs and disbursements, including attorneys' fees in this court and in the trial court."

The decree of the trial court was reversed and the case remanded for the entry of a new...

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