STATE v. ANDERSEN


510 P.2d 564 (1973)

STATE of Oregon, Acting through Its State Highway Division, ex rel. Town Concrete Pipe, Inc., a Corporation, Appellant, v. H.A. ANDERSEN et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 1, 1973.


Attorney(s) appearing for the Case

David J. Buono, Portland, for the petition.

Warde H. Erwin, P.C., Portland, contra.


Submitted April 9, 1973, on Appellant's Petition for Attorney Fees.

DENECKE, Justice.

Plaintiff prevailed in an action against the surety on a statutory construction bond. Pursuant to ORS 743.114 we held that plaintiff was entitled to attorney fees for services in this court.

Our decision was handed down on February first. Within 20 days plaintiff filed a statement of costs and disbursements which did not list any attorney fees. On April seventh plaintiff...

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