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KEENE v. JACKSON COUNTY

474 P.2d 777 (1970)

Leonard J. KEENE, Appellant, v. JACKSON COUNTY, Oregon, a Political Subdivision of the State of Oregon, and the State of Oregon, Respondents.

Court of Appeals of Oregon, Department 2.

Decided October 2, 1970.

Attorney(s) appearing for the Case

William A. Mansfield, Medford, argued the cause and filed the brief for appellant.

J. Bradford Shiley, Jr., Sp. Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

Plaintiff appeals from an order of the circuit court dismissing the plaintiff's complaint against county and state, seeking fees in excess of those provided by statute for plaintiff's services as court-appointed attorney to defend an indigent on a misdemeanor charge in district court.

The part of ORS 135.330 applicable provides that where he is appointed to defend a misdemeanor charge the attorney shall be paid $50 per day for trial, not...

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