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STATE HIGHWAY COMMISSION v. STOCKHOFF

524 P.2d 1240 (1974)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, et al., Appellants, v. Gene G. STOCKHOFF et al., Respondents.

Court of Appeals of Oregon.

Decided July 29, 1974.

Attorney(s) appearing for the Case

George H. Corey, Steven H. Corey, and Corey, Byler & Rew, Pendleton, for respondents.

No appearance contra.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

On Respondents' Petition for Review Filed June 20, 1974.

TANZER, Judge.

Respondents petitioned for review contending that we erred in denying their motion for attorney fees on appeal in this condemnation case.

Attorney fees are available to a successful litigant only when so provided by the Constitution or by statute. The rule applies with full force to condemnation suits. Multnomah County v. Burbank, 235 Or. 616, 618...

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