McMILLAN v. GOLDEN


497 P.2d 1166 (1972)

Clifton H. McMillan III and Patsy H. McMillan, Husband and Wife, Respondents, v. Paul T. GOLDEN and Celeste S. Golden, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

Decided June 14, 1972.


Attorney(s) appearing for the Case

J. Anthony Giacomini, and Stanley C. Jones, Jr., Klamath Falls, for the petition.

Mel Kosta and Kosta & Brant, P.C., Klamath Falls, contra.


TONGUE, Justice.

Plaintiffs, the prevailing parties on this appeal, have filed a petition for allowance of attorney fees incurred in preparing respondents' brief and in other work related to this appeal. In support of that petition plaintiffs refer to a provision of the contract between the parties for allowance to the prevailing party of reasonable attorney fees "in said suit or action."1 It is also contended that "this provision now...

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