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BRAAT v. ANDREWS

514 P.2d 540 (1973)

Arnold BRAAT and Mary Lou Braat, Husband and Wife, Appellants, v. Fred W. ANDREWS et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided September 27, 1973.

Attorney(s) appearing for the Case

Dennis D. Doherty, Heppner, argued the cause for appellants. With him on the brief were Winter & Doherty and Herman W. Winter, Heppner.

Steven H. Corey and George H. Corey, Pendleton, argued the cause for respondents. With them on the brief were Corey, Byler & Rew, Pendleton.

O'CONNELL, Chief Justice.

This is an action brought by plaintiffs to condemn an easement across defendants' land. Judgment was entered in favor of defendants. Plaintiffs appeal, contending that the trial court erred in entering an order nunc pro tunc which awarded defendants their attorney fees.

Plaintiffs, relying upon ORS 772.305,1 Art. I, § 18 of the Oregon Constitution,

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