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MARX v. LENSKE

500 P.2d 715 (1972)

William H. MARX, Plaintiff, v. Reuben G. LENSKE and Rose M. Lenske, Husband and Wife, et al., Respondents, Donald G. Krause, Executor of the Estate of Gunther F. Krause, Deceased, Appellant, The Unknown Heirs of Rose Mirviss, Defendants.

Supreme Court of Oregon.

Decided September 8, 1972.

Attorney(s) appearing for the Case

Jerard S. Weigler, Portland, argued the cause for appellant. With him on brief were Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland.

No appearance contra.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE and HOWELL, JJ.

HOWELL, Justice.

The only issue in this case is whether the trial court erred in refusing to allow certain attorney fees.

The genesis of this complicated and protracted litigation occurred in 1963 when Reuben and Rose Lenske conveyed certain real property in trust to Gunther Krause, formerly an attorney practicing in Portland and the senior member of the law partnership of Krause, Lindsay and Nahstoll. The trust was to secure Lenske's indebtedness to William...

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